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S. M. SUBRAMANIAM, C. KUMARAPPAN
P. Ranganathan – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Department of Industries – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records in connection with the impugned G.O.(Ms).No.120, Industries (SIPCOT-LA) dated 22.08.2014 of the 1st respondent published in the Tamil Nadu Government Gazette on 22.08.2014 and quash the same.
The writ petition has been instituted challenging the G.O.Ms.No.120, Industries (SIPCOT-LA) dated 22.08.2014.
2. It is not in dispute that Section 3(1) Notification under Tamil Nadu Acquisition of Land for Industries Purposes Act, 1997 issued on 22.08.2014. The said notification is under challenge in the present writ petition.
3. Learned counsel for the petitioners would submit that the procedures as contemplated under the Act were not followed and no opportunity was afforded to the writ petitioners to submit their objections as required under the Act. Thus, the petitioners have chosen to file the writ petition.
4. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would oppose by stating that the procedures as contemplated under the Act had been followed. All the adjacent lands were acquired,
The court established that procedural compliance in land acquisition is crucial, and parties must be given a fair opportunity to present objections to ensure due process.
The court established that land acquisition notifications under the Tamil Nadu Act are valid unless challenged on substantive grounds, and due process must be followed in considering objections.
Timely objections to land acquisition notifications are essential for their consideration under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
Proper communication of the award to landowners is essential in land acquisition proceedings, ensuring their right to seek compensation is preserved.
Procedural adherence in land acquisition is essential; failure to consider objections and conduct enquiries as per statutory rules renders notifications invalid.
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