The property vests with the State once the award is passed, and the State has discretion to utilize the acquired lands for public purposes.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of Letters Patent praying to set aside the order passed by this Court in W.P.No.10991 of 2011 dated 21.12.2018.)

P.B.Balaji,J.

1. The Writ Appeal has been preferred at the instance of the Writ Petitioner who approached this Court for issuance of a Writ of Certiorari to quash G.O.Ms.No.34 dated 17.11.2009 and G.O.Ms.No.42 dated 04.12.2009.

2. The brief facts that are necessary for effective adjudication of the Writ Appeal are as follows:

The Writ Petitioner is a company registered under the Companies Act, owning lands in Kirumambakkam Village, Bahour Commune, Puducherry, having purchased the same for valuable sale consideration. Subsequent to the purchase, the petitioner applied for transfer of patta in its name which came to be rejected by the Tahsildar, Bahour. An appeal was preferred before the District Collector who remanded the matter back to the Tahsildar for reconsideration. One Mr.Kannan filed a suit before the District Court, Puducherry disputing the petitioner''s title over the property. However the suit came to be dismissed in the year 2009 and thereafter, the petitioner once again took steps to get patta transferred in its name. In the meantime, the Income Tax department initiated proceedings against the petitioner in respect of alleged dues to them and the property was attached in November 2009. At that point of time, the petitioner company received a communication from the Deputy Collector (Revenue)/Land Acquisition Officer, Puducherry stating that the property has been attached and steps have been taken to recover the income tax dues from the compensation amount payable to the petitioner company in respect of the acquired land. According to the petitioner, only at that point of time, the petitioner came to know about the acquisition proceedings. Thereafter, the petitioner obtained copies of Sec.4(1) notification and Sec.6 declaration and came to know that the lands belonging to the petitioner company were acquired for the purpose of constructing a residential school in Kirumambakkam Village, invoking urgency clause under Sec.17 of the Land Acquisition Ac,t thereby dispensing with the enquiry under Sec. 5-A. It is also stated by the Writ Petitioner that the award also came to be passed in June 2010. According to the petitioner, they did not receive any notice of acquisition proceedings, though they were the absolute owners on the relevant date of acquisition and there was also no necessity to invoke urgency clause since the acquisition was only for the purpose of constructing a residential school. These irregularities had seriously prejudiced the petitioner and therefore the petitioner filed a Writ Petition seeking to quash the entire land acquisition proceedings, in so far as it relate to the petitioner.

3. The Deputy Collector cum Land Acquisition Officer filed a counter stating that the lands were acquired at the instance of Adi Dravidar Welfare Department, Puducherry for the purpose of constructing a residential school. Sec.4(1) notification was duly published in daily newspapers having vide circulation in the locality. Subsequently Sec.6 declaration was also made in G.O.Ms.No.42 dated 14.12.2009, which was also published in daily newspapers having vide circulation in the locality.

4. According to the 3rd respondent possession of the lands were also taken as early as on 25.02.2010 and in turn handed over to the requisitioning department on the same day. A date was fixed for award enquiry and the petitioner did not appear for the same. Subsequently, the award came to be passed on 16.06.2010 and due notice under Sec.12(2) was also served on the petitioner on 12.10.2010. As a notice of attachment had been received from the Income Tax department, the Land Acquisition Officer paid 80% of the compensation amount to the Income Tax department towards income tax dues of the petitioner. It is also stated that all notices were duly served as per the revenue records and since the er