Judgment Search Results Home > Cases Phrase: tamil nadu acquisition of land for harijan welfare schemes act no 31 of 1978 Page 1 of about 236 results (0.177 seconds)

P. Annamalai Vs. the Collector of Ramanathapuram and ors.

Court : Chennai

Reported in : (1988)2MLJ398

..... the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (31 of 1978) was enacted by the legislature of the state of tamil nadu in the twenty-ninth year of the republic of india, and it was extended to the whole of the state of tamil nadu, section 3(f) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 defines'harijans' as members of the scheduled castes and include scheduled tribes;explanation. ..... ) act, 1976 (central act 108 of 1976);(g) 'harijan welfare scheme' means any scheme for provision of house-sites for harijans for constructing, extending or improving any dwelling house for harijans or for providing any burial or burning grounds for harijan or for providing any pathway leading to such dwelling house, burial or burning grounds, or for providing any other amenity for the benefit of harijans:power to acquire land is dealt with in the tamil nadu act 31 of 1978, in section 4, as follows:4 power to acquire land --(1) 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 .....

Mathuraivelan Pillai Vs. the District Collector Dindigul Mannar Thirum ...

Court : Chennai

Reported in : (2001)1MLJ645

..... the dismissal of the writ petition by the learned single judge by which the petitioner had challenged the proceedings of acquisition under section.4 of the tamil nadu acquisition of land for harijan welfare schemes act (act xxxi of 1978). ..... concerned special tahsildar to issue a notice under sub-section (2) and that after the consideration of the report made by the special tahsildar had come to the conclusion that the land was required to be acquired for the purposes of the act and for that purpose the collector had proceeded to publish the notice in the district gazette. ..... according to the learned counsel unless the process of the acquisition is initiated by the collector, who is the exclusive authority to do so, the further exercise taken by the special tahsildar on ..... sub-section (1) or sub-section (2) or sub-section (3), does not anywhere require any initial initiation by the collector of the land acquisition proceedings. ..... not required to record somewhere that he is satisfied in respect of a particular land or, in his opinion, the said land would be required to be acquired for the purposes of this act. ..... held that all the necessary steps as required by law were taken before the acquisition and, therefore, the acquisition was in order. 2. ..... case, notice under section 4(2) was given by the special tahsildar but, there is no evidence to suggest that the collector was satisfied in the beginning in respect of the land which was to be acquired and had recorded his satisfaction somewhere. .....

S.Prabhakar Vs. the State of Tamil Nadu

Court : Chennai

..... (c) since the government had already enacted a special act that the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act no.xxxi of 1978) for acquisition of lands for the harijan welfare, the said land acquisition proceedings initiated by the respondents 1 to 3 as illegal and contrary to the provisions of the special provisions of land acquisition act, 1894 to acquire lands for harijan welfare. ..... (e) the 1st respondent would further submit that there is a bar under section 20 of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act no.31 of 1978) to invoke the provision of the land acquisition act, to acquire the lands for adi dravidar and tribal welfare, which came into force on 22.11.1994. ..... instead of proceeding the matter afresh under the tamil nadu acquisition of land for harijan welfare schemes act, 1978 for acquisition of the land, the district officials inspected the spot and sent a report stating that one beneficiary, the 10th respondent i.e. ..... it is seen that as early as 1978 itself, the government has brought down a legislation by a special act, called the 'tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act no.xxxi of 1978)'. ..... the land acquisition officer and special tahsildar (adi dravidar welfare) tirupattur will be instructed to acquire the land in question as per the provisions of the tamil nadu acquisition of land for harijan welfare schemes act, 1978. .....

S. Sannasi, and Two Others Vs. the District Collector, Pudukkottai and ...

Court : Chennai

Reported in : 1999(3)CTC293

..... 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 petitions.2. ..... 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 in w.p.no. ..... as per the provisions contained in the tamil nadu acquisition of land for harijan welfare scheme act 31of 1978 and the rules. ..... it is 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. ..... by virtue 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. ..... the district collector has initiated the acquisition proceedings in order to implement harijan welfare scheme in terms of tamil nadu act 31 of 1978. .....

State of Tamil Nadu and Others Vs. Ananthi Ammal and Others

Court : Supreme Court of India

Reported in : AIR1995SC2114; 1995(1)CTC465; JT1995(1)SC247; 1994(4)SCALE1106; (1995)1SCC519; [1994]Supp5SCR666

..... this is an appeal by the owner of land whose land was sought to be acquired under the provisions of the land acquisition act for the purposes of a harijan welfare scheme after the coming into force of the said act, that is, the tamil nadu acquisition of lands for harijan welfare scheme act, 1978. ..... this appeal by special leave is filed by the state of tamil nadu against the judgment and order of the high court of madras dated 9th september, 1981, whereby the tamil nadu acquisition of land for harijan welfare schemes act, 1978, was struck down as being ultra-vires the constitution of india. ..... the provisions of chapter vi are substantially similar to the provisions of the said act, that is to say, the tamil nadu acquisition of land for harijan welfare scheme act, 1978, except that, by reason of section 21, no solatium is payable to the land owner whose land is acquired. ..... it is likely, therefore, that in cases where proceedings under the land acquisition act had already been started to acquire lands for harijan welfare schemes, they might have been revived and completed in the interregnum. .....

V. Sarangapani (Deceased) and ors. Vs. the Collector and the Special T ...

Court : Chennai

Reported in : (2006)2MLJ606

..... this petition has been filed challenging the gazette notification dated 22.11.1995 issued under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (hereinafter called 'act 31 of 1978') for providing house-sites to adi-dravidars of kalyanapuram village, thiruvaiyaru taluk, thanjavur district.2. ..... ananthi ammal), the supreme court had the occasion to deal with the provisions of the tamil nadu acquisition of land for harijan welfare schemes act and in paragraph 8 it was observed as follows:8. ..... the relevant provisions under the act 31 of 1978, namely section 4, reads as follows:section 4: power to acquire land--(1) 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 publishing in the district gazette a notice to the effect that he has decided to acquire the land in pursuance of this section. ..... sub-section (1) of section 4 empowers the district collector, if he is satisfied that it is necessary to acquire some land for the purpose of an harijan welfare scheme, to acquire that land by publishing in the district gazette a notice to the effect that he has decided to acquire in pursuance of section 4. ..... for the reasons stated above, the impugned notification issued under section 4(1) of the tamil nadu act 31 of 1978, published in the district gazette extra-ordinary dated 22.12.1995, is set aside. .....

Jainabi, Rep. by Her Power Agent Shaik Ali Vs. the State of Tamil Nadu ...

Court : Chennai

Reported in : 2004(1)CTC664; (2004)2MLJ386

..... case, the proceedings are under the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act 31 of 1978).2. ..... 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 publishing in the district gazette a notice to the effect that he has decided to acquire the land in pursuance of this section. ..... the government of tamil nadu and others , a judgment by a learned single judge of ..... point agitated by the landlord in the whole proceedings is that the order which the collector has passed under section 4 (3) of the act has not been served upon the landlord and, therefore, that order has become non est and bad in law.4. ..... short, it is difficult for me to hold that merely because the order under section 4 (3) was not communicated to the owner or the person interested, the entire acquisition proceedings have been rendered invalid. ..... is to the land acquisition proceedings. ..... this is a decision under the urban land ceiling regulation act, where the duty to consider the objections has ..... of the argument is on the non-supply of that order by the collector to the land owner and the order being invalidated on that count alone. ..... the notice under section 4(1) of the act was served on 18.11.1995 for which the landlord claims to have sent her objections ..... only thereafter that the collector shall proceed to take the step under section 4 (3) of the act signifying the necessity to acquire the land. .....

A. Kaliyappan Vs. District Collector and Special Tahsildar (Adi Dravid ...

Court : Chennai

Reported in : (2008)4MLJ81

..... this writ 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. ..... any other person, 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 ..... the 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. ..... in the 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. .....

Sri Pillappa, Vs. State of Tamil Nadu, Rep. by Its Secretary to Govern ...

Court : Chennai

Reported in : (2004)4MLJ247

..... petition has been filed for quashing the notification issued by the second respondent under section 4(1) of the tamil nadu acquisition of land for harijan welfare scheme, act (act 31/1978) ( hereinafter referred to as the act). ..... power to acquire land - (1) 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 publishing in the district gazette a notice to the effect that he has decided to acquire the land in pursuance of ..... contended that the second respondent who is the authority contemplated under the statute to take a decisison regarding acquisition of land has not applied his mind and has not considered the objections filed on behalf of the petitioner no. ..... is made clear that it would be open to the concerned authorities to initiate fresh steps for acquisition of land in accordance with law if there is any necessity.7. ..... mechanically append his signature to the proposal for acquisition of land. ..... contended that since vast extent of vacant land had been acquired and house sites had been provided to adi-dravidars there was no necessity for fresh acquisition, the land was being sought to be acquired. ..... has taken a decision to acquire the lands in question for the purpose of implementing the scheme, the statute cast upon the collector the duty of considering the report of the authorised officer, if he has authorised somebody to do his duty, as contemplated under sec.4(3) (b) of the act. .....

V. Kanna and V. Krishnan Vs. the District Collector and the Special Ta ...

Court : Chennai

Reported in : (2008)4MLJ745

..... ii prescribed under the act is extracted hereunder:form iinotice under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act, 1978.whereas it appears to the government of tamil nadu that the land/lands specified in the schedule below and situated in the...village,...taluk,...district, is/are needed for the purpose of harijan welfare scheme to writ,...notice t that effect is hereby given to all to whom it may concerned in accordance with the provisions of sub-section (1) of section 4 of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (tamil nadu act 31 of 1978)...it states that when 'it appears that the government of tamil nadu', the 4(1) notification can ..... 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. ..... challenging the notification issued by the district collector under section 4(1) of the tamil nadu acquisition of land for harijan welfare schemes act 1978 (tamil nadu act 31 of 1978) (hereinafter referred to as 'the act') dated 15.12.1997 in respect of the lands comprised in s. .....