The acquisition proceedings must provide a reasonable opportunity to the landowner to submit objections and be heard, as required by Section 5-A of the Land Acquisition Act, 1894.

1. Challenge in this writ petition is to the acquisition notification issued under Section 4 (1) of the Land Acquisition Act, 1894, made in G.O.Ms.No.516, Industries (MII), dated 08.09.2000 and Section 6 Declaration made in G.O.Ms.No.56, Industries Department, dated 06.09.2001.

2. The case of the petitioner is that he was the owner of agricultural lands in S.Nos.106, 159, 163, 241, 246 and 247 Perundurai. The Government of Tamil Nadu sought to acquire lands for the purpose of setting up an industrial estate, at Perundurai, under the control of the erstwhile Tamil Nadu Corporation of Industrial Infrastructure Development [TACID]. In pursuance of the said decision, by private negotiation with this Corporation, the petitioner sold the entire extent of lands belonging to him in the aforesaid survey numbers. The remaining lands available with his possession was to an extent of 7 acres in S.No.232, wherein, there is a coconut grove, consisting of about 580 coconut trees and borewells. Even this lands in S.No.232, was sought to be acquired later, by making necessary notification under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). The Government issued orders in G.O.Ms.No.15, Industries Department, dated 8.1.1993, for acquiring the lands for the purpose of establishing an industrial estate at Perundurai under the control of the erstwhile Tamil Nadu Corporation of Industrial Infrastructure Development [TACID]. Being aggrieved by the same, in 1993, the petitioner has made objections that the lands, where there is coconut grove should not be acquired and accepting the same, the Government have issued a notification in G.O.2(D) No.91, Industries Department, dated 29.3.1994, deleting the said lands from the purview of acquisition notification. Thereafter, the petitioner made substantial improvements in the said lands and dug up 4 more bore wells. A huge tank for rearing fishes was also put up.

3. While that be so, the petitioner came to know that the Tamil Nadu Corporation of Industrial Infrastructure Development [TACID] has been merged with Small Industries Promotion Corporation of Tamil Nadu [SIPCOT] and that the Government, once again sought to acquire the same lands, which were already deleted from the earlier notification. As the petitioner was not put on notice by any notification by the Government or by the Special Tahsildar [Land Acquisition], the second respondent herein, he has sent a registered letter, dated 14.08.2001, to the second respondent, to provide him a reasonable opportunity before acquiring the lands. Though the said letter has been acknowledged by the second respondent, there was no reply. On enquiry, the petitioner came to know that by G.O.MS.No.516, Industries (Mil) dated 8.9.2000, the Government have issued notification under Section 4(1) of the Act and pursuant to which, a declaration has also been made under Section 6 of the Act in G.O.(2D)No.56, Industries Department, dated 6.9.2001. In the abovesaid circumstances, the petitioner has assailed the Government Orders, stated supra, on the following grounds.

4. The first ground of attack is that the petitioner, being the owner of the land, ought to have been given a notice of the acquisition proceedings and that an enquiry ought to have been conducted, as per Section 5-A of the Land Acquisition Act.

5. Taking this Court through the contents of the petitioner's representation, dated 14.08.2001, addressed to the Special Tahsildar (Land Acquisition), SIPCOT, Perundurai, Erode District, Mr.T.Muruga Manickam, learned counsel for the petitioner submitted that, at the time of acquisition, the Village Administrative Officer and the petitioner, who was then the President of Perundurai Panchayat, were not in good terms, on account of an issue that the petitioner could not comply with a request of the VAO for providing water supply and keeping that in mind, whenever letters were sent from any Office, the then Village Administrative Office