IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 06-09-2006 CORAM: THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN W.P.Nos.10081 & 10082 of 2002 L. Jaganath ... Petitioner in both the Petitions 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 1 to 4 in WP No.10081 of 2002 and Respondents Nil and 3 to 5 in WP No. 10082 of 2002 *** 1. State of Tamilnadu rep. by its Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009. .. 1st Respondent in WP NO.10082 of 2002 2. The Assistant Commissioner (Land Reforms), Madurai ... 2nd Respondent in WP No.10082/02 Prayer in Writ Petition.10081/2002: Petition filed under Article 226 of the Constitution of India prayin for a writ of mandamus directing the respondents herein to procee https://hcservices.ecourts.gov.in/hcservices/ under the Land Acquisition Act, 1894 by issuing necessary Section 4(1 Notification and passing an award under Section 11 of the Act b following the procedure contemplated under the Land Acquisition Ac and consequently pay the compensation amount lawfully due to th petitioner in respect of the lands of the petitioner described in th Schedule. (Xerox copy of the Schedule attached herewith) Prayer in Writ Petition.10082/2002: Petition filed under Article 226 of the Constitution of Indi praying for a writ of mandamus directing the second respondent herei to exclude and delete from the Calling Proceedings i MRI/J.6/PLN/58/61 initiated under Tamilnadu Land Reforms (Fixation o Ceiling on Land) Act 1961 the following lands of the petitioner i Schedule of lands (Xerox copy of Schedule Attached herewith situate in Balasamudram and Pudachu Villages, Palani Taluk which ar subject matter of land acquisition proceedings of the respondents 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 PW Department for construction of Palar-Porunthalar land scheme. On 10 06-1970, notice was issued by the petitioner requesting the Governmen to pay compensation for the lands which were taken possession of, fo the purpose of construction of the dam. On 06-10-1970, unde G.O.Ms.No.2009, the PWD formulated and sanctioned the irrigatio scheme known as Palar-Porunthalar dam. For that purpose, th Government decided to acquire vast extent of lands in Balasamudra Village and Pudhachehu Village. Notification under Section 4(1) of th 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 o the Land Acquisition Act was given for enquiry. The petitione appeared for the enquiry and gave his consent for acquisition o payment of just compensation. The draft declaration under Section of the Act was set. 2. It is not necessary to go into the facts because State o Tamil Nadu Vs. Narendra Dairy Farms (P) Ltd., Dairy Farms (P) Ltd. (AIR 1987 Madras 161) is identical on facts. https://hcservices.ecourts.gov.in/hcservices/ 3. There also the respondents proceeded against the land owne both under the Land Acquisition Act and the Land Ceiling Act an contended that the latter act will alone apply. The Division Benc rejecting the respondent's case held that the respondents should issu a Section 4(1) Notification and then proceed to pass an awar accordingly. 4. When the matter was originally listed I referred the matte for mediation since the State would incur a huge financial burden i the Judgment of the Division Bench is followed. In all fairness th petitioner agreed to go for mediation. The respondents failed to avai of this opportunity. Therefore, the matter was argued again and i was stated tha with respect to the petitioner's son's lands an awar has been passed in award No.1 of 2003 dated 01-09-2003. The learne Senior Counsel submits that these lands are adjacent to the land which are subject matter of this writ petition. In respect of thos lands the 4(1) Notification is fixed as 12-07-2001. The petitione has filed a memo that the same date may be adopted for notifying th 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. Learned Senior Counsel appearing for the petitioner request that the following clarification may be made to avoid further delay: Award No.1 of 2003 referred to in the order above is wit regard to 19 acres out of the total extent of land, subject matter o the Writ petitions. Therefore, the order in these writ petition relates only to the remaining extent of land. As regards the Awar No.1 of 2003, the compensation awarded may be released on favour o the land owner. This release of the amount shall be done within period of eight weeks from today. https://hcservices.ecourts.gov.in/hcservices/ This order shall form part of the order passed in the Wri Petitions. glp Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government, State of Tamilnadu 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 6. The Secretary to Government of Tamilnadu, Revenue Department, Fort St. George, Chennai - 600 009. ONE CC TO M/S SARVABHAUMAN ASSOCIATES, ADVOCATE SR NO 41389 TWO CCS TO G.P., SR NOS. 41089 & 41090 Order in W.P.Nos.10081 & 10082 of 200 PV(CO) BP/18 https://hcservices.ecourts.gov.in/hcservices/