IMPORTANT POINT
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.

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, and compensation quantified was settled in favour of the land owners. The subject land belongs to the petitioners is landlocked now and therefore, they cannot use the land in an independent manner. Further the patta has already been transferred in the name of SIPCOT and the SIPCOT has initiated action to develop industrial parks.

5. Therefore, we are not inclined to interfere with the process of acquisition. However, considering the lapse of time, we are inclined to give one more opportunity to the writ petitioners to submit their objections, which is to be considered on merits by the authorities.

6. Accordingly, the writ petitioners are at liberty to submit their objections along with the documents, if any within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of any such objections from the petitioners, the respondents shall consider the same and take a decision and communicate the same to the petitioners and thereafter pass an award under the provisions of the Act. After passing of the award, if the land owners are aggrieved, they are at liberty to file an application seeking enhancement of compensation or otherwise.

7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.