JUDGMENT

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the records and quash Award No.3/1999 dated 20.12.1999 passed by the 3rd respondent as being arbitrary, unconstitutional, malicious, illegal, null and void and consequently direct respondents to return/reconvey the property measuring 6 acres in S. No.183/2 in Kayalpattu Village, Cuddalore Taluk, Cuddalore District to the petitioners.)

Common Order

1. By the present petitions, acquisition pertaining to the year 1998-1999 is being put in issue on the ground that the relevant provisions of the Land Acquisition Act, 1894, have not been followed, resultantly the acquisition is bad in law and, therefore, the award should be quashed and the lands should be reconveyed back to the petitioners, as the said lands have not been utilized, for the purpose for which it was acquired till date.

2. It is the case of the petitioners that they are agriculturists and their lands were sought to be acquired for the purpose of Nagarjuna Oil Corporation Ltd. A large extent running to hundreds of acres were notified to be acquired by the respondents for industrial purpose and after considering the objections of the land owners, negativing the same, the lands were acquired by passing of award in Award No.3/1999 on 20.12.1999. It is the further case of the petitioners that pursuant to the award, compensation was also paid, which was received by the petitioners under protest, as the same was very meager and, accordingly, on the basis of the request of the petitioners, reference was made to the competent court, viz., I Addl. District Judge, Cuddalore, in LAOP Nos.49 and 50 of 2003 and, after hearing, compensation was enhanced by the Tribunal, which was put in issue in appeal before this Court.

3. When the matters stood thus, it is the case of the petitioners that they came to know of several irregularities and illegalities which are in gross violations of the provisions of the Land Acquisition Act, which strike at the root of the acquisition. It is the further case of the petitioners that the lands, which have been acquired, have not been utilized for the purpose for which it was acquired till date and, therefore, the petitioner are entitled for reconveyance of the lands. It is the further averment of the petitioners that physical possession is still with the petitioners.

4. It is the further case of the petitioners that though the lands were acquired under the Land Acquisition Act, 1894, however, the lands have been acquired for industrial purposes and in this regard, it is the averment of the petitioners that the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 received the assent of the President on 21.5.1999 and came into force on 21.9.2001. It is the further averment of the petitioners that the said Act has overriding provision over all other laws and where award has not been passed pending acquisition, the said Act is applicable. It is the further averment of the petitioners that though award was passed in the year 1999, but the said award having been passed by an authority not vested with power and jurisdiction to pass the award, the said award is bad in law and the award suffering the vice of illegality, there is no award in the eye of law and, therefore, in such a scenario, the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 alone has to be invoked. For the aforesaid reasons, the present petitions have been filed questioning the acquisition.

5. Learned counsel appearing for the petitioners submit that the mandatory provisions, which authorize only the Collector to conduct the enquiry, hear the objections and pass the award has not been followed and the award has been passed by an authority who is not vested with any jurisdiction. It is the further submission of the learned counsel for the petitioner that the permission of the appropriate Government, as is provided