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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
V.K. Rajasekaran – Petitioner
Versus
The State of Tamil Nadu and Others – Respondents
W.P. No. 10563 of 2013
Decided On : 07-09-2021
Land Acquisition Act, 1984 - sections 6 and 4(1) - Constitution of India,1950 - Article 226 –Acquisition of Land –Sale deed - Issue a writ of certiorari – Quash - Case of petitioner is that the petitioner owned lands comprised in S.F. situated at village Coimbatore - Petitioner came to know on when officials of second respondent made enquiry about acquisition proceedings in respect of land owned by him for purpose of formation of Neighborhood Scheme - Petitioner came to know about notification issued under Section 4 (1) of Land Acquisition Act followed by Section 6 notification - On perusal of notification petitioner was not served any notice and was not given any opportunity to raise his objections - In fact both notifications issued under Sections 4 (1) and 6 of Act do not contain petitioner’s name and only his grandfather’s name was mentioned in notice – Held, In instant case however it is pertinent to note that Collector had in fact conducted Section 5A inquiry though there is no material on record to show that appellants in Civil Appeal were heard in person of Civil Appeal clearly show that objection raised by appellants was considered and partly allowed by Collector - About eight acres of land was sought to be acquired from appellants as per Notification but out of that an extent of six acres was excluded from acquisition and only one and half acre of land was actually acquired by authorities - This would clearly show that objection filed by appellants was considered by Collector - Moreover Section 6 Declaration was made on and award was passed on - Appellants filed writ petition only on - In spite of Section 6 Declaration having been made on appellants allowed acquisition proceedings to go on until award was passed - Petition is Dismissed
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records in relation to the notification issued under Section 4(1) of the Land Acquisition Act, 1984, in G.O.Ms. No. 495 dated 14.11.1996 (Housing and Urban Development Department), the declaration made under section 6 of the Land Acquisition Act in G.O.Ms. No. 442 dated 23.12.1997 (Housing Urban Development) by the first respondent and the draft award in Award No. 2 of 1999 dated 31.12.1999 passed by the second respondent under the Land Acquisition Act, 1894, quash the same in respect of the lands belonging to the petitioner, comprised in S.F. Nos. 8/2A, 8/2C and 9/2A situated at Vellakinaru Village, Coimbatore.
1. This writ petition is filed to issue a writ of certiorari calling for the records in relation to the notification issued under Section 4(1) of the Land Acquisition Act, 1984, in G.O.Ms. No. 495 dated 14.11.1996 (Housing and Urban Development Department), the declaration made under section 6 of the Land Acquisition Act in G.O.Ms. No. 442 dated 23.12.1997 (Housing Urban Development) by the first respondent and the draft award in Award No. 2 of 1999 dated 31.12.1999 passed by the second respondent under the Land Acquisition Act, 1894, quash the same in respect of the lands belonging to the petitioner, comprised in S.F. Nos. 8/2A, 8/2C and 9/2A situated at Vellakinaru Village, Coimbatore.
2. The case of the petitioner is that the petitioner owned lands comprised in S.F. No. 8/2A, 8/2C and 9/2A situated at Vellakinaru village, Coimbatore. The petitioner came to know on 08.04.2013 when the officials of the second respondent made enquiry about the acquisition proceedings in respect of the land owned by him for the purpose of formation of Vellakinaru Neighbourhood Scheme. The petitioner came to know about the notification issued under Section 4 (1) of the Land Acquisition Act (hereinafter called as the Act) dated 14.11.1996 followed by Section 6 notification dated 23.12.1997. On perusal of the notification, the petitioner was not served any notice, and was not given any opportunity to raise his objections. In fact, both the notifications issued under Sections 4 (1) and 6 of the Act do not contain the petitioner’s name and only his grandfather’s name was mentioned in the notice. The subject properties were settled by his grandfather in the year 1991 by the registered settlement deed dated 10.04.1991 vide document No. 2306 of 1991. In pursuant to the settlement, the petitioner’s name was entered in the revenue records even prior to the notification. Even then, the petitioner was not served any notice and he was not called for any enquiry. Even till today, the petitioner was not served any notice for award enquiry as contemplated under Section 9(3), 10 and Section 12(2) of the Act.
3. The second respondent filed counter and stated that the third respondent requested for the acquisition of 330.71.5 hectares of land in Vellakinaru village for construction of house under Thudiyalur Neighbourhood Scheme. The draft notification under sub-section (1) of Section 4 of the Act was approved by the G.O.Ms. No. 495 Housing and Urban Development Scheme dated 14.11.1996 and published in Tamil Nadu Government Gazette dated 18.12.1996. It was also published in Tamil dailies on 03.01.1997. Thereafter, enquiry was conducted as contemplated under Section 5-A of the Act on 31.03.1997 and 16.04.1997. The owners and interested persons appeared and filed their objections. The objections were duly forwarded to the third respondent and replies were communicated to the land owners and the interest persons. Thereafter, they appeared before the enquiry on 30.09.1997. Some of the land owners filed their objections and appeared for enquiry. Considering the objections and remarks from the requisitioning body, recommended for over-ruling and thereby the objections were over-ruled by the Government and ap
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