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2011 Supreme(Mad) 1928

K.CHANDRU
Kodanad Estate represented by its Manager S. Natarajan Nilgiris District – Appellant
Versus
Principal Secretary to the Government, Chennai – Respondent


Advocates Appeared:
For the Petitioner:Gurukrishnakumar for A. Navaneetha Krishnan, Advocates.
For the Respondents:P.S. Raman, Advocate General assisted by M. Dhandapani, Spl. G.P.

Judgment :-

1. The short question that arises for consideration in this writ petition is whether the action of the respondent State in resorting to the provisions of the Land Acquisition Act, 1894 in acquiring the land belonging to the petitioner Estate for an alleged public purpose in providing road for the residents of Anna Nagar and Kamaraj Nagar hamlets in Kodanad village, Kothagiri Taluk, Nilgiris District and by invoking Sections 17(1) and 17(4) of the Land Acquisition Act through the impugned notification, dated 31.12.2010 and published in the government gazette on the same day are legal?

2. By the impugned notification, the State Government had invoked urgency clause under Section 17(1) and also dispensed with the enquiry under Section 5A by invoking Section 17(4) of the Land Acquisition Act. When the writ petition came up on 24.1.2011, this court had directed notices to be issued to the respondents and had granted an interim stay. Subsequently, the interim stay stood extended and when the matter came up, this court after referring to the order passed by the Supreme Court on 15.5.2008, directed the topo sketch of the area to be produced. Thereafter, on 15.2.2011, this court a









































































































































































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