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S. S. SUNDAR, A. D. MARIA CLETE
Government of Tamil Nadu, Rep. by District Collector, Dharmapuri – Appellant
Versus
Venu – Respondent
JUDGMENT :
S.S. SUNDAR, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 14.03.2018 in W.P. No. 36632 of 2003 on the file of this Court.
1. This Writ Appeal is directed against the order of the learned Single Judge, dated 14.03.2018, made in W.P. No. 36632 of 2003, allowing the writ petition challenging the acquisition proceedings initiated by the appellants under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as “the Act” for brevity).
2. The respondents' father, by name R. Krishnan, was the cultivating tenant in respect of the property comprised in S. No. 39/2 and 41, Sivadi Village, Dharmapuri District, which is the subject matter of the writ petition. It is admitted that the respondents' father filed an application to include his name as cultivating tenant under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969. The learned Special Government Pleader has not filed any document doubting the validity of the proceedings of the Record Officer dated 06.12.1980, including the name of the respondents' father in the Tenancy Records. It is the case of the responde
Tenants in possession are entitled to notice in land acquisition proceedings, and failure to provide such notice invalidates the acquisition process.
Failure to challenge acquisition proceedings negates claims regarding subsequent notifications; valid legal actions prevail despite procedural delays.
Public notice under the Land Acquisition Act suffices for informing interested parties; individual notice is not required, and excessive delay in challenging acquisition proceedings can bar claims.
The court emphasized the importance of following the procedures outlined in the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 and considered the relevance of the delay in chall....
The court emphasized the importance of truthful claims and participation in legal proceedings, and upheld the validity of the invocation of the Central Act for land acquisition.
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