ORDER :

The writ petition is filed to issue a writ of certiorari calling for the records of the first respondent pertaining to the notification issued under Section 4 (1) of the Act, 1894 notified in the gazatte on 20.03.1991 and the declaration made under Section 6 of Act, 1894 notified in the Gazatte on 28.05.1992 and the award proceedings in Award No.2/94 dated 23.05.1994 of the second respondent in respect of the lands measuring an extent of acre 3.03 cents comprised in SF.No.411/1 and 411/2 in Vilankurichi Village, Coimbatore North and quash the same.

2. The case of the petitioner is that his grandfather late V. Gopal Naidu owned property to an extent of 9.10 acres with other properties comprised in Vilankurichi village and other villages, Coimbatore District. The said Gopal Naidu along with his wife Chinnammal, his sons i.e. Purushothaman Naidu and G. Narayanasamy Naidu @ G.N. Sam who is the father of the petitioner herein and Krishna Naidu entered into partition deed dated 30.03.1955 registered vide document No.1272 of 1955. In the partition deed, the subject property was shown as schedule 'E' and life interest was given to the petitioner's grand mother and after her lifetime it devolved upon three sons into equal proportion. His grandfather died on 22.06.1964 and grandmother died on 03.02.1972. Thus, their three sons succeeded the subject property. Thereafter by the partition deed dated 15.05.1991 registered vide document No.2861 of 1991, the petitioner was allotted to an extent of 2.89 acres in SF.No.411 along with 14 cents of land set apart for the purpose of road. Thus, he was allotted to an extent of 3 acres and 3 cents in SF.No.411. The total extent of the land in SF.No.411 is 9.10 acres. It was divided equally to his father and his two brothers as per the partition deed. Originally the total extent of the land stood in the name of his grandfather V. Gopal Niadu as per the Resurvey and Resettlement Register. Thereafter it is entered in the name of Krishna Naidu and the petitioner's father Narayanasamy Naidu and the said property stood in the their name till the initiation of the acquisition proceedings. It was never sub-divided at any point of time. While being so, the respondents initiated acquisition proceedings under the Land Acquisition act, 1894 to build shelters to the shelterless people and the public as proposed to acquire to an extent of 2161.28 acres in Vilankurichi under Ganapathy Neighbourhood Scheme Phase-II. The land comprised in SF.No.411 to an extent of 10.15.5 hectares in Vilankurichi, Coimbatore District covered in Block No.2 was acquired for the formation of comprehensive Housing Scheme in Ganapathy Neighbourhood Scheme Phase-II, Vilankurichi Village. The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called as 'the Act') was approved by the Government in GO.Ms.No.306 Housing and Urban Development Department dated 05.03.1991 and published in the Government Gazattee dated 20.03.1991. The substance of the notification was published in two tamil dailies i.e. 'Theekadir' on 01.05.1991 and 'Pirpagal' on 02.05.1991 and also in the public locality on 30.05.1991.

2.1 The further case of the petitioner is that enquiry under Section 5A of the Act was conducted on 07.08.1991 and the objections raised by the land owners were communicated to the requisition body. The objections are found in general in nature and the objections raised by the land owners were over ruled. Draft declaration under Section 6 of the Act was approved by the Government in GO.No.269 Housing and Urban Development Department dated 26.05.1992. The draft declaration was published in the Tamilnadu Government Gazattee on 28.05.1992. The substance of the declaration was also published in 'Makkal Kural' and 'Dhinathoodhu' on 29.05.1992 and in the locality on 29.05.1992. The draft declaration under Section (7) of the Act was approved by the Government in letter dated 30.09.1992. Thereafter, notices under Sections 9