The necessity for the District Collector's independent decision-making in land acquisition for Harijan Welfare Schemes under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978.

This writ petition is filed by the petitioners challenging the order issued by the first respondent under section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act 31/78) (in short, "the Act") in respect of the following properties said to have belonged to various petitioners, situate at Naanamadai village, Aakavayal, Elayangudi Taluk, Sivagangai District, as published in the District Gazette dated 26. 1998:

TABLE

2. The petitioners are said to be the owners of various extent of properties in survey numbers stated above and are all small farmers. According to the petitioners, the Government has already acquired lands for providing house sites to Adi Dravidars of Naanamadai village and already 40 houses have been constructed and even in respect of those lands acquired, there are excess vacant lands available. According to the petitioners, some of the beneficiaries have sold away the lands allotted to them and therefore, the present acquisition is not actually for the need of Harijans. The first respondent, District Collector has issued notification under section 4(1) of the Act 31/78 without notice issued under section 4(2) of the said Act. The petitioners came to know about the acquisition proceedings only in November, 1998 as Form No.III was issued on 111. 1998 and served on them. According to the petitioners, since no notice under section 4(2) was issued to the owners excepting the second petitioner K.Malairaj, whose signature was said to have been obtained by the second respondent recently while he had gone to enquire about the acquisition proceedings after receiving notice in Form No.III. According to the petitioners, no enquiry was conducted as required under law. The petitioners were called upon for enquiry for determination of compensation which was proposed to be held on 12. 1998, but there was no enquiry on that date and therefore, the petitioners have challenged the acquisition proceedings on various grounds including that as per section 4(1) of the Act 31/78, the District Collector must be satisfied about the requirements, whereas in the said order, it is stated that the Government was satisfied, no notice was issued under section 4(2) of the Act to any of the petitioners, who are the owners excepting the second petitioner Malairaj. According to the petitioners, the notification itself contains the name of a dead person in respect of Survey No.25/12A, viz., Muthiah who died two years ago and no enquiry has been conducted before issuing notification under section 4(1) of the Act and the petitioners are small farmers and the lands are the only source of their livelihood.

3. The respondents have filed a counter affidavit. According to the respondents, lands in Ilayankudi viz.,

were sought to be acquired for giving house sites to Harijans and all the owners appeared for enquiry and orders were passed on 1. 1999. According to the respondents, since the land owners refused to receive the compensation of Rs.33,331/-, the same has been deposited in the Sub Treasury, Sivagangai on 21. 1999. While it is true that in 1991-92 an extent of 0.35.0 hectares of dry land was acquired for 12 families, there are more number of families of Harijans without house sites. So, it was necessary to acquire the lands in question for their benefit.

3(a). According to the respondents, Form-I under Rule 3(1) of the Rules framed under the Act 31/78 was served on the petitioners before publishing notification under section 4(1) of the Act. One Malairaj, the second petitioner has received notice Form No.I on 212. 1997 and other petitioners have refused to receive notice in Form No.I and enquiry was conducted on 20.1.1998 before publishing notification under section 4(1) of the Act. According to the respondents, no procedural violation is made in acquisition. It is the case of the respondents that the District Collector being the representative of the Tamil Nadu Government is empowered to publish not