D. Murugesan, J.

The core question to be decided in this matter is as to whether in exercise of the power under Article 226 of the Constitution of India, this Court is empowered to entertain a writ petition questioning the land acquisition proceedings after the award is passed and possession is taken. For deciding the said question, the scheme of the Land Acquisition Act, 1894 requires a mention.

.2. The Government, entrusted with the solemn duty to provide facilities for the public, is empowered to acquire the land in order to promote the public welfare and the economic development, normally known as public purpose. The power to acquire the land owned by individuals hails from the right of eminent domain vesting in the State which is essentially an attribute of sovereign power of the State. Such exercise of power is for public purpose, the individual rights of an owner must yield place to the larger public interest. On the other hand, while the acquisition of land belonging to individuals is inevitable, it has to be balanced with the rights of the individual whose land is acquired and such individual should be properly compensated. As the right to property initially declared to be a fundamental right under Article 19 of the Constitution of India, later on, it was made only a constitutional right under Article 300-A of the Constitution of India. Keeping the above right in mind, the right to acquire the land should be considered.

3. A strict procedure for the acquisition of land is contemplated under the Land Acquisition Act, 1894 ("the Act", for short). Therefore, the expression "land", as defined under Section 3(a) of the Act, includes the benefits that arise out of the land and things attached to the earth or permanently fastened to anything attached to the earth. Though the land is sought to be acquired from the owner, taking into note of the entitlement of compensation by the owner or the person interested in the land, Section 3(b) defines the expression "person interested" to include all persons claiming an interest for payment of compensation to be made on account of the acquisition of land and a person shall be deemed to be interested in land if he is interested in an easement affecting the land as well.

.4. The expression "appropriate government" is defined under Section 3(ee) meaning to include the acquisition of land for the purpose of the Union, the Central Government and the acquisition of land for any other purpose, the State Government. The public purpose is also defined under Section 3(f) of the Act. Sub-section (1) of Section 4 of the Act reads thus:-

."4. Publication of preliminary notification and powers of officers thereupon. --(1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification."

.5. After the notification under sub-section (1) of Section 4 is published, enquiry as to the objections received, if any, is conducted under Section 5-A of the Act and thereafter a power is vested in the Government for making declaration as to the requirement of the land for public purpose. Once the declaration is made, the Collector is empowered to take order for acquisition in terms of Section 7. In terms of Section 9, the Collector is empowered to issue notice to the person interested in the land to appear for an enquiry before an award is passed as to the quantum of compensation and ultimately the award is passed under Section 11. Once