Court : Chennai
Reported in : 2008(2)CTC468; (2008)4MLJ609
..... under the tamil nadu acquisition of land for harijan welfare schemes rules, 1979, the first notice under section 4(2) of the act is issued in form no.i individually to the owners or all persons interested in the land to be acquired. ..... this writ petition is filed by the petitioners challenging the order issued by the first respondent under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act 31/78) (in short, 'the act') in respect of the following properties said to have belonged to various petitioners, situate at naanamadai village, aakavayal, elayangudi taluk, sivagangai district, as published in the district gazette dated 29.6.1998:sl. no. ..... in respect of the first contention of the learned counsel for the petitioner that no notice has been served on the owners under section4 (2) of the act, it is relevant to note that under the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act 31/78), the first step to be taken by the district collector or any officer authorised by the district collector on his behalf under section 4(2) of the act is to call upon the owner or any other person who in the opinion of .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ745
..... the relevant portion of the notification is extracted hereunder:the impugned notification is issued as per form ii stated to have been prescribed under rule 3(ii) of the tamil nadu acquisition of land for harijan welfare schemes rules, 1979. ..... applying the ratio laid down by the full bench in respect of the central act to the present case which relates to act 31 of 1978, there is no difficulty to conclude that form ii prescribed under the rules stating as if 'it appears to the government of tamil nadu' has no meaning read with rule 3 of the tamil nadu acquisition of land for harijan welfare scheme rules and section 4(1) of act 31/1978. ..... and circumstances of the case on a reference made to the records produced by the learned additional government pleader, i am of the considered view that the impugned notification issued by the first respondent dated 15.12.1997 under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act 1978 (tamil nadu act 31 of 1978) is not in accordance with the act as well as the rules framed thereunder and therefore, the writ petition stands allowed and the 4(1) notification dated 15.12.1997 is set aside. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)2MLJ706
..... the tamil nadu acquisition of land for harijan welfare schemes rules 1979, (hereinafter referred to as 'the rules') have been framed pursuant to such provisions.4.1 under rule 2(b) 'form' means a form appended to these rules.4.2. ..... the questions referred to the full bench for determination in the context of tamil nadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act 31 of 1978) hereinafter referred to as 'the act' are as follows:i) is it necessary for the collector to give a personal hearing to the owner in the context of his objections and the remarks of the tahsildar?ii) is the owner entitled to a copy of the report of the special tahsildar or not?iii) should the collector ..... form i, which is relatable to rule 3(i), is to the following effect:form inotice is hereby given that the land/lands specified in the schedule below and situated in village, talukdistrict is/are necessary to be acquired for the purpose ofall persons interested in the land/lands are accordingly directed to lodge before the collector of district/officer authorised by the collector of district under sub-section (2) of section 4 of the tamilnadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act 31 of 1978), within fifteen days after service of this notice, a statement in writing .....
Tag this Judgment!Court : Chennai
Reported in : (2006)1MLJ472
..... for issuance of a writ of certiorari, calling for the records relating to the notification issued by first respondent herein, the collector, dindigul anna district ( dindigul mannar thirumalai district)-extraordinary, dated 31.1.1996 in na.ka.no.h.2/105497/95, dated 9.1.1996, with respect to the petitioner' s land comprised in s.f.no.572/3 (0.81.0 hectare), kodalvavi village, dindigul taluk, dindigul anna district and the consequential notice dated 9.8.1996 issued in na.ka.no.2132/95/a in form-iii under rule 5( i) of the tamil nadu acquisition of land for harijan welfare scheme rules, 1979 ..... brief facts of the case are as follows:(a) the land, which is the subject matter of the acquisition proceedings under the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act no.xxxi of 1978) (hereinafter referred to as ' the act'), originally belonged to the petitioner's father shri ..... the gazette clearly states that the acquisition of the lands in kodalvavi village of the dindigul taluk of the dindigul-anna district is meant for harijan welfare scheme (for providing house-sites to adi dravidaras). ..... provisions of this act shall apply also to any case or cases in which proceedings have been started before the commencement of this act for the acquisition of any land for the harijan welfare scheme under the land acquisition act, 1894 (central act 1 of 1894) (hereinafter in this section referred to as the said act) but no award has been made by the collector under section 11 .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ81
..... who, in the opinion of the district collector or the officer so authorised may be interested in such land, to show cause why it should not be acquired.therefore, what is required under section 4(2) of the act 31/78 is that prima facie the authority must be satisfied in calling upon the owner or any person interested under rule 3(i) of the tamil nadu acquisition of land for harijan welfare schemes rules, 1979 (in short, 'the rules'), to enable the service by registered post and only in cases where the owner or person interested resides elsewhere ..... petition is filed challenging the notification issued by the first respondent, district collector, salem under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (in short, 'act 31/78') in respect of the land to an extent of 1.19.0 hectares comprised in survey nos. ..... owner or any other person interested in the land resides elsewhere than where the land is situated, the show cause notice shall be sent by registered post (acknowledgement due) to the last known address of the owner or any other person interested.however, in this case, the second respondent has conducted enquiry by giving notice and therefore, the second respondent has followed the procedure under rule 3(b) of the land acquisition (tamil nadu) rules, which is as follows: rule 3. ..... present case, when the records stood in the name of raja chettiar, there was no necessity for invoking rule 3(i) of the rules by the land acquisition authority. .....
Tag this Judgment!Court : Chennai
Reported in : 2007(5)CTC817; (2007)4MLJ225
..... on perusal of the file, the following facts are revealed:(i) the notice as required under section 4(2) of the act read with rule 3(i) of the tamil nadu acquisition of land for harijan welfare schemes rules, 1979 (in short, 'the rules') in form no.i was issued by the second respondent, special tahsildar, land acquisition (adi dravidar welfare), thiruvaiyaru, on 30.01.1998, and the same was served on the appellant on 31.01.1998;(ii) after receiving the said notice, the appellant ..... , by his letter dated 16.02.1998, submitted his objections;(iii) thereafter, the second respondent, special tahsildar, land acquisition (adi dravidar welfare), thiruvaiyaru, has submitted a ..... w.p.no.667 of 1999, challenging the proceedings of the district collector, thanjavur, dated 16.10.1998, passed by virtue of the powers conferred under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978, (in short, 'the act'), deciding to acquire the land belonging to the petitioner bearing survey no.486/1a, measuring an extent of 0.57.0 hectares in thiruvaiyaru west village, thiruvaiyaru taluk, thanjavur district, contending interalia that he .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ1297
..... it is also the petitioner's case that according to rule 3 of the tamil nadu acquisition of land for harijan welfare scheme rules, 1979 ('the rules' for short), the district collector shall serve a show cause notice in form i under sub-section (2) of section 4 individually on the owner or all persons interested in the land to be acquired and if the owner or the other person interested in the land resides elsewhere than where the land is situated, the show cause notice shall be sent by registered post (acknowledgment due) to the last known address of the owner or any ..... on 23.03.1998, upon enquiry, the petitioner came to know from the village administrative officer that a part of his lands was sought to be acquired for providing house sites to arunthathiyars under the harijan welfare scheme by invoking the provisions of the tamil nadu acquisition of land for harijan welfare scheme act, 1978 ('the act' for short). ..... a notice dated 28.08.1996 in form i was issued to the petitioner asking him to appear for an enquiry on 16.09.1996 to show cause as to why his land should not be acquired for providing house sites to the poor arunthathiyars of valayampattu village under the harijan welfare scheme and since he refused to accept the same, it was served by way of affixture and he neither appeared in person nor sent his objection in writing to the proposed acquisition and hence, he concluded that the petitioner did not have any .....
Tag this Judgment!Court : Chennai
Reported in : (2009)5MLJ1504
..... in somanathamangalam village, sivagangai taluk was notified under sub-section (1) of section 4 of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (hereinafter called as 'the act') in form-ii read with rule 3(ii) of the tamil nadu acquisition of land for harijan welfare schemes rules, 1979 by the district collector, pasumpon muthuramalinga thevar district in the district gazette dated 17.9.96. ..... where the district collector is satisfied that, for the purpose of any harijan welfare scheme, it is necessary to acquire any land, he may acquire the land by publication in the district gazette a notice to the effect that he has decided to acquire the land in pursuance of this section. ..... as the district collector had not authorised any officer, particularly the special tahsildar, adi dravida welfare, sivagangai to issue notice under sub-section (2) of section 4 and to hold an enquiry on the objections received from the owner or any other person who may be interested in such land, the acquisition proceedings are vitiated. ..... unless the owner of the land who is entitled to claim compensation in lieu of acquisition of his land or the person interested in lieu of the acquisition of the land on which he is interested, a writ petition cannot be maintained by any other person or ..... view of our above finding, we are not inclined to go into the other contentions raised by the learned senior counsel for the appellant in challenging the impugned land acquisition proceedings. .....
Tag this Judgment!Court : Chennai
Reported in : (2005)2MLJ550
..... rule 3 of the tamil nadu acquisition of land for harijan welfare schemes rules, 1979 states:-'3. ..... the case relates to a proceeding under the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (hereinafter referred to as 'the act'). ..... it is submitted that acquisition land in s. no. ..... since in this case it is evident from the records that a show cause notice under section 4(2) was not served on the land owner or person interested, we are of the opinion that the entire acquisition proceedings under the act are vitiated and they are hereby set aside. ..... it appears that the original land owner was one ramasamy gounder, who died in singapore ten years before the land acquisition proceedings began. ..... hence it is not correct to say that the acquisition proceedings have been initiated by the respondent against a dead person.6. ..... but the revenue accounts are still in the name of ramasamy gounder even though the land revenue dues are being remitted without changing the name of the pattadar in revenue accounts. ..... this makes it all the more necessary to hold that it is mandatory on the district collector to serve a show cause notice on the land owner or person interested, otherwise article 300a of the constitution will be violated.9. ..... section 4(2) read with rule 3 thus clearly indicates that it is mandatory on the district collector to serve notice on the land owner or person interested otherwise the entire proceedings get vitiated.8. ..... procedure for acquiring land. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC293
..... of section 23 of the act, the government of tamil nadu framed rules called 'tamil nadu acquisition of land for harijan welfare schemes rules, 1979' and the same was published in the tamil nadu government gazette dated 24th september, 1979. ..... also not disputed that there is no such prohibition either in the act ( xxxi of 1978) or in the tamil nadu acquisition of land for harijan welfare schemes rules, 1979. ..... the provisions contained in the tamil nadu acquisition of land for harijan welfare scheme act 31of 1978 and the rules. ..... aggrieved by the acquisition proceedings initiated by the respondents under the provisions of tamil nadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act xxxi of 1978), the petitioners have filed the above writ ..... learned counsel for the petitioners has raised the following contentions:(i) inasmuch as the district collector failed to communicate the report of the tahsildar, the ultimate order passed by him is contrary to section 4(3)(b) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (herein after referred to as 'the act');(ii) the first petitioner ..... collector has initiated the acquisition proceedings in order to implement harijan welfare scheme in terms of tamil nadu act 31 of 1978. ..... , land acquisition act, 1894 would be a time consuming and it is very difficult to implement the harijan welfare schemes for the members of the scheduled castes and scheduled tribes, they enacted the present act, namely, act xxxi .....
Tag this Judgment!