Section 6 declaration should have been issued within the period of one year.

In this writ petition, the petitioner has challenged the notification under section 4(1) of the Land Acquisition Act issued in G.O.Ms.No.223, Housing and Urban Development dated 18.06.1997 and the declaration under Section (6) of the Act issued in G.O.Ms.No.312, dated 07.08.1998, in so far as it relates to the petitioners land measuring 0.72 Acres in R.S.No.118/1, 53, Ayyamperumalpatti Village, Salem Taluk.

2. The challenge in respect of the acquisition is on various legal grounds including that 4

(1) notification was not notified in the locality or other convenient places as per the mandatory requirement under Section 4(1) of the Act. The requisition is for the Housing Board. When the petitioner appeared for enquiry under Section 5(A) of the Act on 110. 1997 and submitted their objections dated 110. 1997, which was served to the Housing Board for offering the remarks and the remarks received from the Tamil Nadu Housing Board dated 02.04.1998 was received and no enquiry was conducted as per Rule 3(b) on 04.05.1998 and the first respondent has simply received the objections and sent the petitioners out and that the objections raised by the petitioners have not been considered in the light of the remarks given by the Housing Board dated 02.04.1998, that the samathi of the petitioners father is situated in the said land and also there is a temple, which has not been considered. That apart, it is also stated that the property belonged to small farmers like petitioners should not be acquired is the policy of the Government. It is also further stated that the award was passed beyond the time prescribed under Section 11(A) of the Act.

3. In the counter affidavit, it is the case of the respondents that the land to an extent of 42.69 acres of land in Survey No.81/1 etc. of Ayyamperumalpatti Village, Salem Taluk was proposed to be acquired for construction of houses in the year 1979-80 originally. The 4(1) Notification was issued on 23.06.1981 and published in the Gazette on 22.07.1981. 5(A) enquiry was conducted on 21.02.1982 and 6 declaration was approved on 07.07.1984. It was at that time the father of the present petitioners has filed W.P.No.9493 of 1986 challenging the acquisition proceedings in respect of 0.81 acres in Survey No.118/1 and there was an interim stay and therefore, the property was not included while passing the award. Later, it was found that in respect of the petitioners property, the land acquisition officer has not passed award within the stipulated time under Section 11(a) and therefore, no further proceedings were effected. It was subsequently, on the basis of a fresh requisition of land from the Housing Board that the land is required for the compact block. 4(1) notice under the Land Acquisition Act was approved by the Government on 18.06.1997, published on 09.07.1997. It was also published in two tamil dailies i.e. in Malaimurasu on 02.08.1997 and in Thinathoothu on 03.08.2007. That apart, the substance of the notification was published in the locality on 10.08.1997. 5(A) enquiry was conducted and notice issued on 08.09.1997 posting the enquiry on 110. 1997 after service. The objections of the land owners were communicated to the Housing Board on 110. 1997. Remarks received from the Housing Board dated 06.04.1998 was communicated to the land owners on 07.04.1998, posting the enquiry, under rule 3(b) on 04.05.1998. The objections of the land owners were considered on 04.05.1998 and the draft declaration under Section 6 was recommended to the Government, which has approved the same in G.O.Ms.No.312, Housing and Urban Development Department, dated 07.08.1998. It was published in the Gazette on the same date. The substance of the 6 declaration was also published in the locality on 08.08.1998. Therefore, according to the respondents, since the local publication of 4(1) Notification was issued on 10.08.1997 and publication of 6 declaration was on 08.08.1998, the same is within one year and in accordance