Madras High Court
L. Jaganath vs State Of Tamilnadu on 6 September, 2006
Author: Prabha Sridevan
Bench: Prabha Sridevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-09-2006 CORAM: THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN W.P.Nos.10081 of 2002 & W.P.No.10082 of 2002 L. Jaganath ... Petitioner Vs. 1. State of Tamilnadu Rep. by its Secretary to Government Public Works(Irrigation)Department Fort St. George, Chennai 600 009 2. The Sub-Collector(Land Acquisition Officer) Palar Porandalar Scheme Sub-Collector's Office Taluk Office Compound, Palani 624 601 3. The Special Tahsildar(Land Acquisition) Palar Porandalar Scheme Palani 624 601 4. The Executive Engineer, W.R.O., Public Works Department(Irrigation) Nanganjiyar Basin Division Palani 642 601 ... Respondents *** 2. The Assistant Commissioner (Land Reforms), Madurai ... 2nd respondent in WP 10082/02 Prayer in Writ Petition.10081/2002: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to proceed under the Land Acquisition Act, 1894 by issuing necessary Section 4(1) Notification and passing an award under Section 11 of the Act by following the procedure contemplated under the Land Acquisition Act and consequently pay the compensation amount lawfully due to the petitioner in respect of the lands of the petitioner described in the Schedule. Prayer in Writ Petition.10082/2002: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the second respondent herein to exclude and delete from the Calling Proceedings in MRI/J.6/PLN/58/61 initiated under Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act 1961 the following lands of the petitioner in Schedule of lands situate in Balasamudram and Pudachu Villages, Palani Taluk which are subject matter of land acquisition proceedings of the respondents 3 and 4 under the Palar Porundalar Dam Scheme. For petitioner :: Mr. S. Parthasarathy, Senior Counsel M/s Sarvabhauman Associates For respondents :: Mr. G. Sankaran, Additional Govt. Pleader ORDER
The possession of the petitioner's lands were taken by the PWD Department for construction of Palar-Porunthalar land scheme. On 10-06-1970, notice was issued by the petitioner requesting the Government to pay compensation for the lands which were taken possession of, for the purpose of construction of the dam. On 06-10-1970, under G.O.Ms.No.2009, the PWD formulated and sanctioned the irrigation scheme known as Palar-Porunthalar dam. For that purpose, the Government decided to acquire vast extent of lands in Balasamudram Village and Pudhachehu Village. Notification under Section 4(1) of the Land Acquisition Act were issued on the following dates, 03-05-1972, 17-05-1972 and 26-07-1972. On 11-06-1972, notice under Section 5A of the Land Acquisition Act was given for enquiry. The petitioner appeared for the enquiry and gave his consent for acquisition on payment of just compensation. The draft declaration under Section 6 of the Act was set.
2. It is not necessary to go into the facts because State of Tamil Nadu Vs. Narendra Dairy Farms (P) Ltd., Dairy Farms (P) Ltd., (AIR 1987 Madras 161) is identical on facts.
3. There also the respondents proceeded against the land owner both under the Land Acquisition Act and the Land Ceiling Act and contended that the latter act will alone apply. The Division Bench rejecting the respondent's case held that the respondents should issue a Section 4(1) Notification and then proceed to pass an award accordingly.
4. When the matter was originally listed I referred the matter for mediation since the State would incur a huge financial burden if the Judgment of the Division Bench is followed. In all fairness the petitioner agreed to go for mediation. The respondents failed to avail of this opportunity. Therefore, the matter was argued again and it was stated tha with respect to the petitioner's son's lands an award has been passed in award No.1 of 2003 dated 01-09-2003. The learned Senior Counsel submits that these lands are adjacent to the lands which are subject matter of this writ petition. In respect of those lands the 4(1) Notification is fixed as 12-07-2001. The petitioner has filed a memo that the same date may be adopted for notifying the acquisition proceedings in respect of the petitioner's lands.
5. The writ petition is ordered as follows:
The respondents are directed to initiate acquisition proceedings and pass an award fixing the 4(1) Notification as on 12-07-2001 as agreed to by the petitioner and pass an appropriate award as per the award passed in award No.1 of 2003 dated 01-09-2003 within 12 weeks from the date of receipt of this order.
However, there will be no order as to costs.
glp To
1. State of Tamilnadu Rep. by its Secretary to Government Public Works(Irrigation)Department Fort St. George, Chennai 600 009
2. The Sub-Collector(Land Acquisition Officer) Palar Porandalar Scheme Sub-Collector's Office Taluk Office Compound, Palani 624 601
3. The Special Tahsildar(Land Acquisition) Palar Porandalar Scheme Palani 624 601
4. The Executive Engineer, W.R.O., Public Works Department(Irrigation) Nanganjiyar Basin Division Palani 642 601
5. The Assistant Commissioner (Land Reforms), Madurai [VSANT 7803]