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2016 Supreme(Mad) 1962

M.VENUGOPAL
G. Sulochana Gopal – Appellant
Versus
District Collector, Theni District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.P. Srinivasan
For the Respondents: Mr. K. Guru, Mr. Aayiram K. Selvakumar

ORDER :

Heard both sides.

2. According to the Petitioner, if the road is laid in her agricultural land bearing Survey Nos. 897/1 and 896 at C. Pudupatty, Uthamapalayam Taluk, Theni District (in which she had not gifted any portion to the Government), the said road would run through her agricultural land and it would have huge impact on her agricultural activities. However, if the land which was gifted by the adjacent land owner bearing Survey No.901 with registered Document No. 405 dated 21.01.2012 for laying the road is utilized, instead of her present land at Survey Nos. 897/1 and 896 situated at C. Pudupatty, Uthamapalayam Taluk, Theni District, it would not hamper her agricultural activity.

3. The stand of the Petitioner is that Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 provides for issuance of notice by the Government calling upon the owner of the land it proposes to acquire or interested in such land to show cause as to why the land should not be acquired. Furthermore, even under the Land Acquisition Act, an objection under Section 5 is to be received against acquisition and the same to be considered.

4. At this stage, a cursory perusal












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