JUDGMENT :

A.P. Sahi, J.

(Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 24.6.2019 in W.P.No.3640 of 2001.)

1. The present appeal arises out of the judgment dated 24.6.2019 of the learned Single Judge delivering a common judgment in two writ petitions, one of which W.P.No.3640 of 2001 was filed by the appellant challenging the acquisition proceedings under the LAND ACQUISITION ACT , 1894 (for brevity, “the 1894 Act”) with a prayer to quash notifications under Sections 4 and 6 of the said Act, whereby land measuring 3.03 Acres of SF.Nos.411/1 and 411/2 in Vilankurichi Village, Coimbatore North Taluk, has been acquired. This appeal is, therefore, confined only in relation to the said land that concerns the appellant, who was the writ petitioner in W.P.No.3640 of 2001.

2. The land has been acquired for a Housing Scheme, namely, Ganapathy Neighbourhood Scheme Phase 2 in Coimbatore. The notification under Section 4 of the 1894 Act, that was published in the gazette is dated 20.3.1991, and was also subsequently published in the newspapers as well as in the locality, the dates whereof are different. The notification dated 26.5.1992 under Section 6 of the 1894 Act was published in the official gazette on 28.5.1992. The schedule appended to the said declaration in relation to the plots in question are relevant, keeping in view the nature of the controversy raised by the appellant. In the Section 4 gazette notification, the following description is given with regard to the survey numbers, which includes Plot Nos.411/1 and 411/2:

“Coimbatore District, Coimbatore North Taluk No.13,

Vilanchurichi Village

(The extent given is approximate)

Government, dry, S.F.No.410-1, belonging to P.S.G.Ganga Naidu and Sons Trust and Krishna Naidu, bounded on the north by S.F.No.404, east by S.F.No.410-2, south by S.F.Nos.411-1 and 411-2 and west by S.F.No.413 -2.79.0 hectares.

Government, dry, S.F.No.410-2, belonging to Narayanasamy Naidu, Raju Naidu and Balakrishnan, bounded on the north by S.F.No.404, east by S.F.No.409, south by S.F.No.411-2 and west by S.F.No.410-1 -0.81.0 hectares.

Government, dry, S.F.No.411-1, belonging to same as in S.F.No.410-1, bounded on the north by S.F.No.410-1, east by S.F.No.411-2, south by S.F.No.442 and west by S.F.Nos.412 and 413 -1.68.0 hectares.

Government, dry, S.F.No.411-2, belonging to same as in S.F.No.410-2, bounded on the north by S.F.Nos.410-1 and 410-2, east by S.F.No.407-1, south by S.F.No.442 and west by S.F.No.411-1 -2.03.5 hectares.

Government, dry, S.F.No.412, belonging to Narayana Naicker, and Subba Naicker, bounded on the north by S.F.No.413 and 415, east by S.F.Nos.411-1 and 442, south by S.F.Nos.441-1 and 441-2A and west by S.F.No.416 -2.87.0 hectares.

Total -10.18.5 hectares.

L.K.TRIPATHY

Secretary to Government”

3. The same description indicating the names in detail were again repeated in the notification under Section 6 of the 1894 Act, which is extracted herein under:

“SCHEDULE

Coimbatore District, Coimbatore North Taluk No.13,

Vilanchurichi Village

Government, dry, S.F.No.410-1, belonging to P.S.G.Ganga Naidu and Sons Trust and Krishna Naidu, bounded on the north by S.F.No.404, east by S.F.No.410-2, south by S.F.Nos.411-1 and 411-2 and west by S.F.No.413 -2.79.0 hectares.

Government, dry, S.F.No.410-2, belonging to Narayanasamy Naidu, Raju Naidu and Balakrishnan, bounded on the north by S.F.No.404, east by S.F.No.409, south by S.F.No.411-2 and west by S.F.No.