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D. KRISHNAKUMAR, K. KUMARESH BABU
Varadhan (died) – Appellant
Versus
District Collector, Kancheepuram District, Kancheepuram – Respondent
JUDGMENT :
D. Krishnakumar, J.
[PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 13.06.2019 made in W.P.No.23097 of 2007.]
This Intra Court appeal has been filed challenging the order of the Writ Court dated 13.06.2019 made in W.P.No.23097 of 2007, in and by which the challenge made by the appellant /writ petitioner to the land acquisition proceedings came to be dismissed.
2. The first petitioner is the owner of the lands situated at No.133, Sennakuppam Village, Survey No.1032-B, admeasuring to an extent of 0.53.5 hectares and he is eking out his livelihood by doing cultivation activities in the said land. While so, he received a show cause notice in Na.Ka.No.9 dated 22.01.2007 under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 [Tamil Nadu Act No.10/99] notifying the said lands for acquisition for SIPCOT Oragadam Industrial Complex Extension Scheme. Thereafter, the Special Tahsildar also issued a notice under Section 4(2) of the Act to surrender and deliver the possession.
3. The appellant / petitioner challenged the Section 3(2) Notice by filing writ petition on the ground that agricultural lands should not b
Timely objections to land acquisition notifications are essential for their consideration under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
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.
Procedural adherence in land acquisition is essential; failure to consider objections and conduct enquiries as per statutory rules renders notifications invalid.
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.
Acquisition of land for transport infrastructure is valid under the industrial purpose definition, and there is no statutory time limit for passing awards under Tamil Nadu Acquisition Act.
Proper communication of the award to landowners is essential in land acquisition proceedings, ensuring their right to seek compensation is preserved.
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