The publication of land acquisition notifications must comply with statutory requirements, including publication in the appropriate official gazette, and the same authority cannot hear objections and decide on them to preserve procedural integrity.

ORDER :

This writ petition has been filed challenging the Notification in proceedings in R.C.No.3989/2023/B1 dated 22.1.2024 on the file of the third respondent - District Collector culminating in proceedings bearing reference No.Rc.3989/2023/B1,No.VI(1)/459/2024 dated 17.6.2024 issued by the third respondent.

2. Heard the learned Senior Counsel appearing on behalf of the petitioners and the learned Advocate General appearing on behalf of respondents, assisted by both the learned Special Government Pleader appearing for respondents 1 to 3 as well as the Standing Counsel appearing for the fourth respondent.

3. The facts leading to filing of this case are as follows :

(i) The petitioners are the owners of the properties in S.Nos. 157B/1A and 158A/1A1, Kilambakkam Village, Vandalur Taluk, Chengelpet District. An extent of 5 cents in S.No.158/A was acquired for expansion of Grand Southern Trunk Road. After subdividing the acquired land, the remaining extent was assigned S.Nos.157B/1A and 158A/1A1.

(ii) The third respondent issued a Notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act) stating that the land measuring an extent of 59 Ares in S.No. 158A/1A1 is required for construction of a sky walk connecting the proposed Kilambakkam Suburban Railway Station with Kilambakkam Bus Terminus. Objections were invited from the persons interested. The said Notification was published in the Times of India newspaper on 14.1.2024 and in the Chengelpet District Gazette on 03.2.2024. Even before the expiry of 60 days, the third respondent fixed the date for hearing the objections i.e. on 23.3.2024. On account of the same, the petitioners were not not able to collect the entire details of the measurements and the nature of construction to be carried out in the subject property.

(iii) The petitioners' lands are measuring 37.4 meters north to south and 156 meters east to west and the entire extent may not be required even if a sky walk is to be erected since only pillars are going to be raised to the height of 30 to 40 feet above the land. When the inquiry was fixed by the third respondent on 23.3.2024, the representative of the petitioners attended the hearing and submitted their objections.

(iv) The grievance of the petitioners is that the third respondent, who has to hear the objections and submit a report on the objections to the appropriate Government, rendered a decision on the objections without submitting a report to the State Government. Subsequently, the third respondent issued a Declaration under Section 19 (2) of the Act on 17.6.2024 stating that the lands are required for a public purpose. Aggrieved by that, the above writ petition has been filed before this Court.

4. When the matter came up for admission on 04.10.2024, this Court granted an order of status quo, which is extended subsequently from time to time. Pursuant to that, the third respondent filed a counter affidavit for himself and on behalf of respondents 1 and 2. The fourth respondent filed a miscellaneous p