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2008 Supreme(Mad) 4343

V.PERIYA KARUPPIAH, D.MURUGESAN
Executive Engineer and Administrative Officer, Coimbatore – Appellant
Versus
Girija Janarthanan & Others – Respondent


Advocates Appeared:
For the Appellant :P.S. Raman, Addl. Advocate General-I, K. Chelladurai, Advocate.
For the Respondent:R. Thirugnanam, Spl. Government Pleader for State, K. Doraisami, Senior Counsel, M/s Muthumani Doraisami, Advocate.

Judgment :-

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 d
























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