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1967 Supreme(Mad) 118

K.VEERASWAMI, T.RAMAPRASADA RAO
Muthu Gounder – Appellant
Versus
The Government of Madras, represented by its Secretary, Home Department, – Respondent


Advocates:
V. Thyagarajan, M. A. Rajagopalan and T. Audiseshan, for Petitioner.
J. Kanakaraj for Government Pleader (G. Ramanujam), for Respondents.

Veeraswami, J. —

The petition under Article 226 of the Constitution is to restrain the respondents from taking possession of land of an extent of 58 cents comprised in S. No. 400/13 and another extent of 52 cents bearing S. No. 400/14-A under the provisions of the Land Acquisition Act. The grounds of the petitioner are that the State was not justified in invoking the urgency provisions in the Land Acquisition Act and there was failure to specify in the notification under section 4(1) whether the urgency was invoked under sub-section (1) or sub-section (2) of section 17. As early as 20th December, 1961 the Collector made an inspection of the site but it is said that his in pection notes were dated only 20th February, 1963. On 12th June, 1963, a provisional conclusion was reached to acquire the lands, the public purpose being to provide house-sites for Harijans in the village. The notification under section 4 (1) was made ready on 23rd March, 1964, and it was actually published in the Fort St. George Gazette, on 17th June, 1964. This notification stated that the lands specified in the schedule thereto were needed for a public purpose, to wit, for the provision of house-sites for Hari











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