IMPORTANT POINT
Timely objections to land acquisition notifications are essential for their consideration under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.

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 be acquired for the benefit of private industrialists and before issuing Section 3(1) notification, no opportunity was given to the appellant to submit his objections / representation. The first respondent filed a counter affidavit and took a stand that the notice under Section 3(2) of the Act was issued to the petitioner by registered post on 23.01.2007, public notice in the locality was published on 22.01.2007 and as such, the petitioner was required to submit his objection / representation, if any, on or before 21.02.2007 i.e., within 30 days, however, the petitioner submitted his objection belatedly on 08.03.2007, which was received by the first respondent on 12.03.2007 and hence, the objection of the petitioner could not be considered.

4. The writ petition, after contest, came to be dismissed by the Writ Court on the ground that the appellant/writ petitioner has not challenged Section 3(1) Notification and has only challenged Section 3(2) and 4(2) notice, which is to be issued before Section 3(1) notification. Challenging the order of the Writ Court the present writ appeal has been filed. During the pendency of the writ appeal, the first appellant / original land owner died and the appellants 2 to 9 were subsequently substituted as his legal heirs/ representatives.

5. Mr. R. Sankarasubbu, learned counsel appearing for the appellants would submit that the Tahsildar is not the competent authority to issue Section 3(2) notice and further there is no industrial purpose involved in the acquisition and the entire process of acquisition is violative of Article 21 of the Constitution of India, as it affects the livelihood of the agriculturists like the appellants and therefore, prays for interference.

6. Mr. Balathandayutham, learned Special Government Pleader appearing for the first respondent would contend that since the appellant has not challenged Section 3(1) Notification, the learned Judge has rightly dismissed the writ petition and therefore, prays for dismissal of this writ appeal.

7. This Court has considered the rival submissions and also perused the materials available on record including the original records.

8. The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 is a self contained code providing for acquisition of land for industrial purposes in the State. The State legislature enacted Tamil Nadu Act 10 of 1999 for speedy acquisition of land for industrial purposes in the State. The Act contained a summary procedure for conducting enquiry and to take a decision as to whether the particular land is required for the industrial purpose. It is useful to extract Sections 3 and 4 of the said Act :

"3. Power to acquire land.- (1) If, at any time in the opinion of the Government, any land is required for any industrial purposes, or for a