The central legal point established in the judgment is that the satisfaction of the District Collector is a mandatory requirement for land acquisition under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978.

D. Murugesan, J.

This writ appeal is directed at the instance of the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu questioning the order in the writ petition. By order dated 20.11.2004, the writ petition came to be allowed and the notification dated 112. 95 issued under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) (for short, "the Act") was set aside.

2. The writ appeal arises under the following circumstances:

The respondent is the owner of agricultural land in S.Nos.16/2B, 16/2E, 16/2T etc. The acquisition proceedings were initiated to acquire the land in an extent of 1.00 acre in S.No.16/2E for providing house sites to Arunthathiars of Kodikkadu hamlet of Kasthuripatti village. In spite of the objections raised during the enquiry held under Section 4(2) of the Act, the impugned notification was issued under Section 4(1) of the Act. The said notification was questioned primarily on the following grounds, among other grounds, namely, in the impugned notification, the purpose of acquisition has been stated as for providing burial ground to the Adi-dravidars/Arunthathiars and whereas in the schedule appended to the said notification, it is mentioned that the land is acquired for the purpose of providing house sites as well as there was non application of mind as to the purpose for which the land is acquired. Further, even in the Section 4 (1) notification, the satisfaction of the Government was only indicated and whereas in terms of Section 4(1), the satisfaction must be of the District Collector and, therefore, on both the grounds, the acquisition proceedings are liable to be set aside. The learned single Judge has accepted even the first contention as to the non-application of mind, namely, when the preamble of Section 4(1) notification refers the purpose of acquisition as to provide burial ground to the Adi-dravidars/Arunthathiars, the schedule refers only to provide house sites and therefore the impugned notification is liable to be set aside on the ground of non application of mind. Having held so, the learned Judge allowed the writ petition. Hence the appeal.

3. We have heard Mr.R.Thirugnanam, learned Special Government Pleader for the appellants and Mr.R.Muthukumaraswamy, learned Senior Counsel for the respondent.

4. Before we delve upon the issue of non application of mind on the ground that the purpose for which the acquisition is being made itself differs in the preamble and the schedule portions, we would refer to the absence of satisfaction of the District Collector in the impugned notification. The notification issued under Section 4(1) reads as under:-

"SALEM DISTRICT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NO.25 SALEM DECEMBER 19, 1995

(Margazhi 4, Yuva-Thiruvalluvar

Aandu 2028)

Notification by the Collector Form II

(See Rule 3(ii)

NOTICE UNDER SECTION 4(1) OF THE TAMIL NADU ACQUISITION OF LANDS FOR HARIJAN WELFARE SCHEMES ACT, 1978

Whereas it appears to the Government of Tamil Nadu that the land specified in the Schedule below and situated in the following Villages and Taluks of Salem District are needed for the purpose of Harijan Welfare Scheme, to wit for the provision of burial ground to the Adi Dravidars/ Arunthathiars notice to that effect is hereby given to all to whom it may concern in accordance with the provisions of sub section (1) of Section 4 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978)

And, whereas, it has become necessary to acquire immediate possession of the lands specified in the schedule below:-

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the said Act, the Collector of Salem district hereby directs that the land be acquired under the provisions of the said section."

5. A perusal of the said notification shows that the satisfaction or the necessity to acquire