Document Fragment View
Fragment Information
Showing contexts for: rfctlarr in J.Deepak vs The Secretary To Government on 24 November, 2021Matching Fragments
19. 21.06.2019 District Collector published his final conclusions and published the same in English and Tamil along with final SIA Report in the locality, Collectorate, and in the official website of the Dis-
https://www.mhc.tn.gov.in/judis
W.P.Nos.9285 & 10135 of 2020
Sl. Date What happened How the petitioners
No. responded
trict Collector Office.
20. 25.06.2019 Gazette Publication of Prelimin- 06.07.2019 :
ary notification for Land Acquis- Deepak objects. Reiterates he
ition under Sec.11(1) of the is the class-II heir, refers to Or-
RFCTLARR Act read with Rule ders passed in
13 (1) of the TN-RFCTLARR WP.No.26286/2017 and claims
Rules, 2017 in Form IV that the issue sub-judice in
O.P.No.630/2018.
25. 22.01.2020 Proceedings of the Collector ac-
cepting the Report of the
RDO/LAO dated 09-09-2019
and rejecting objections under
Sec.15(3) of the RFCTLARR
Act.
26. 03.02.2020 Decision by the Collector under Sec.19(1) of the RFCTLARR Act that the proposed acquisition serves public purpose, that no interested persons are likely to be affected and that there is no Re-
● At no point of time, the Government gave the petitioners any opportunity to present their version to the intended conversion of Veda Nilayam into a memorial for Ms. Jayalalithaa.
● Acquiring a property for converting it into a memorial does not fall within the meaning of ‘public purpose’ as defined in Section 2 of RFCTLARR Act.
● During the pendency of OP.No.630 of 2018 and O.S.A.No.445 of 2018 before the Division Bench, Deepak had requested the Land Acquisition Officer, vide his communication dated 03.09.2019, to postpone the en- quiry, till the orders were passed in the above cases. ● While so, without waiting for the orders, the Land Acquisition Officer had issued a public declaration dated 06.05.2020 under Section 19 of the RFCTLARR Act. As per this declaration, the Government has made a statement that the ownership of the property is yet to be ascertained. This is not consistent with the Act.
● The Land Acquisition Officer approached the issue without understand-
ing the spirit behind the RFCTLARR Act. This apart, as per the Rule 18(4) of the Tamil Nadu RFCTLARR Rules, 2017, if the compensation amount is more than Rs.8.0 crores, then the award must be passed only by the Collector.
● Both the petitioners were not given an opportunity to participate in the land acquisition proceedings, though they have been declared as the heirs of Dr.J.Jayalalithaa, former Chief Minister of Tamil Nadu. ● The Government have invoked Section 16 of the Act, during the pen- https://www.mhc.tn.gov.in/judis W.P.Nos.9285 & 10135 of 2020 dency of W.P.No.9229 of 2020. On 22.05.2020, an ordinance was pro- mulgated, which later culminated into a legislation on 19.10.2020, for taking control of the movables and other valuables in Veda Nilayam. The entire process totally ignored the petitioners herein, who are heirs of late Dr.J.Jayalalithaa, former Chief Minister of Tamil Nadu. ● The entire proceedings picked up a momentum from May, 2020, when the country was in a total lock down during the first wave of COVID-19. It is in this setting, the ordinance too was passed on 22.05.2020.