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2018 Supreme(Mad) 2705

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SESHASAYEE, J.
Selvi Arokia Mary and Ors. - Petitioners
Vs.
The State of Tami Nadu Rep by its Secretary to Government Industries Department St.George Fort Chennai and Ors. - Respondents
W.P. No. 5500 of 2016 and WMP. No. 4841 of 2016
Decided On : 05-03-2018

Advocates Appeared:
For the Petitioners: Mr. P.Valliappan for Mr.S.Ranjith Kumar
For the Respondents: Mr. Akhil Akbar Ali, Mrs. Sudharsana Sundar

Headnote:

Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 - Sections 3 and 7 - Land Acquisition - Accept Compensation Amount - This was sought to be acquired for purpose of formation of an Industrial Estate by fourth respondent and a notice was issued - This was followed by a notification and same was gazette where in petitioners father was shown to be owner of aforesaid property - However by time notice was issued had passed away - This was followed by a notice came to be issued to third petitioner to appear before third respondent for enquiry along with title documents layout plan approval etc - Third petitioner appeared before third respondent and she was forced to agree to amount mentioned by third respondent as compensation - Third petitioner however did not consent to this idea and has submitted before third respondent that petitioners would file their written objections - Thereafter further notices were issued to petitioners to which they have sent their replies - In last of response that petitioners had sent it was made known to Land Acquisition Authority that they were not in a mood to accept amount proposed - This was in response to notice issued by third respondent - Held, Thereafter third respondent/Special Tahsildar informed petitioners that compensation amount was fixed by District Collector and an award was passed before Lok Adalat - However petitioners have not participated in any such Lok Adalat and no copy of said award too was furnished to petitioners - Petitioners thereafter attempted to gather information under provisions of Right to Information Act and being tormented for a while they were informed that an award was passed - This was a news to petitioner - Alleging that petitioners were not served with proper notices and no notice before passing award was served petitioner has filed this petition for issuance of Writ of Certiorari to quash proceedings - Second respondent has filed counters: On point of issuance of notice is concerned it was conceded in counter that objections of petitioners were received and on point of determination of compensation it is alleged that award was passed - Order Accordingly.

ORDER :

1.1. The petitioners are the heirs of certain Arul, who owned a piece of property in Survey No.52/69 measuring 1800 sq.ft. in Oragadam Village, Sriperumbudur Taluk, Kancheepuram District. This was sought to be acquired for the purpose of formation of an Industrial Estate by the fourth respondent and a notice under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (T.N Act 10 of 1999) was issued. This was followed by a notification under Section 3(1) of the said Act and the same was gazetted on 04.07.2007, where in petitioner's father Arul was shown to be the owner of the aforesaid property. However, by the time the notice under Section 3(2) of the Act was issued, Arul had passed away. This was followed by a notice dated 18.05.2007 came to be issued to the third petitioner to appear before the third respondent for the enquiry on 25.05.2007 along with the title documents, layout, plan approval etc.,

1.2. On 25.05.2007, the third petitioner appeared before the third respondent and she was forced to agree to the amount mentioned by the third respondent as compensation. The third petitioner however did not consent to this idea, and has submitted before the third respondent that the petitioners would file their written objections. Thereafter, further notices were issued to the petitioners, to which they have sent their replies dated 09.7.2007, 22.04.2008 and 18.02.2009. In the last of the response that the petitioners had sent, it was made known to the Land Acquisition Authority that they were not in a mood to accept the amount proposed. This was in response to the notice dated 02.2.2009 issued by the third respondent. On 18.02.2009, the first petitioner appeared before the third respondent and the third respondent persisted with the earlier contact and insisted the petitioner to accept the compensation amount.

1.3. To the knowledge of the petitioners, no award was passed in terms of the Section 7(3) of the Industrial Purposes Act, 1997, consistent with Section 7(5) and Section 7(6) of the Act thereto. Thereafter, the third respondent/Special Tahsildar (Land Acquisition) informed the petitioners that the compensation amount was fixed at Rs.1,52,500/- by the District Collector and an award was passed before the Lok Adalat. However, the petitioners have not participated in any such Lok Adalat and no copy of the said award too was furnished to the petitioners. The petitioners thereafter attempted to gather information under the provisions of the Right to Information Act, and being tormented for a while they were informed that an award was passed on 02.02.2011. This was a news to the petitioner. Alleging that the petitioners were not served with proper notices under Section 3(2) of the Act and no notice before passing the award was served under Section 7(3) of the Act, the petitioner has filed this petition for issuance of Writ of Certiorari to quash the proceedings.

2. The second respondent has filed counters: On the point of issuance of notice under Section 3(2) of the Act is concerned, it was conceded in the counter that objections of the petitioners were received and on the point of determination of compensation under Section 7(3) of the Act, it is alleged that the award was passed on 02.2.2007.

3. Heard Mr.P.Valliappan, learned counsel for the petitioner and Mr. Akhil Akbar Ali, learned Government Advocate for the respondents.

4. The learned Government Advocate placed before this Court the entire files pertaining to acquisition. In the context of the present case, given the sequence of correspondences/representations of the petitioners to the second respondent, it could be gathered that the petitioners were not against acquisition, and hence it has to be held that this Court cannot quash the notification issued under Section 3(1) at this belated hour. In fact, it has come out in the pleadings that possession too has been taken on 31.07.2007. However, on the point of hearing the petitioners, befo




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