IN THE HIGHCOURT OF JUDICATURE AT MADRAS DATED : 25-08-2006 CORAM: THE HON'BLE MR.JUSTICE P.K.MISRA THE HON'BLE MR.JUSTICE K.MOHANRAM AND THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.Nos.2288, 2585, 2670, 3246, 3270, 3414, 3449, 3603, 3604, 3902, 4001 to 4004, 4017, 4140, 4369, 5362, 5396, 7576, 7577 10492, 10886 of 1996, 1918, 3562, 3563, 3612, 4548, 8327 and 9319 of 1997 and 6752 of 1998 AND WMP.NOs.5241, 14471, 17046, 5272, 5502, 5549, 5795, 5796, 6257, 6423, 6425, 6426, 6428, 6444, 7015, 8535, 11176, 11178 and 13899 of 1996 WP.2288 of 1996 R. Pari .. Petitioner Vs. 1. The Special Tahsildar, Adi Dravidar Welfare, Devakkottai (Pasumpon Muthuramalinga Thevar District) 2. The District Collector, Sivagangai (Pasumpon Muthuramalinga Thevar District) .. Respondents W.P.No.2585 of 1996 1.K.Sundaram 2.Minor Rajasekar 3.Minor Vinoth Minors 2 & 3 rep by their natural Guardian K.Sundaram .. Petitioners -vs- 1.The District Collector, North Arcot Ambedkar District, Vellore, N.A.A.District. 2.The Spl.Tahsildar, Adi Dravidar Welfare Gudiyatham, N.A.A.District. .. Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.NO.2670 of 1996 1.S.Nagoor Kani 2.Magudannan 3.Meera Mohideen All sons of Sheik Mohideen ... Petitioners -vs- 1.The Collector, Tirunelveli Kattabomman District, Tirunelveli.. 2.The Spl.Tahsildar, Adi Dravidar Welfare, Tenkasi ... Respondents W.P.No. 3246 of 1996 K.Muruganantham .. Petitioner -vs- 1.State of Tamil Nadu, rep by its Secretary to Government, Adhi Dravidar Tribal Welfare Dept., Fort St George, Chennai.9. 2.The District Collector, Sivagangai, P.M.T.District. 3.The Special Tahsildar, ADW Sivagangai, P.M.T Dist. .. Respondents W.P.No. 3270 of 1996 S.Nagaraj .. Petitioner -vs- The Collector of Dharmapuri, Dharmapuri District. .. Respondent W.P.No. 3414 of 1996 Muni Chandrappa .. Petitioner -vs- https://hcservices.ecourts.gov.in/hcservices/ 1.collector of Dharmapuri Dharmapuri 2.Special Tahsildar, Adi Dravidar Welfare, Krishnagiri ... Respondents W.P.NO. 3449 of 1996 M.Kuttappa ... Petitioner -vs- 1.District Collector, North Arcot Ambedkar District, vellore 2.The Spl.Tahsildar, Adi Dravidar Welfare, Walajah, N.A.A.District ... Respondents W.P.No 3603 OF 1996 1.K.Ranganathan 2.K.Parthasarathy ... Petitioners -vs- 1.District Collector, South Arcot, Vallalar District, Cuddalore. 2.The Special Tahsildar, Adi Dravidar Welfare, Cuddalore, S.A.V.District ... Respondents W.P.No. 3604 of 1996 A.Ramasamy Gounder ... Petitioner -vs- 1.The State of Tamil Nadu, rep by the Secretary to Government, Adi Dravidar Tribal Welfare Department, Fort St George, Chennai.9 2.The District Collector, Coimbatore District. 3.The Tahsildar, Weaker Section, Family Welfare Scheme, coimbatore North ... Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No. 3902 of 1996 M.Dhasarathan ... Petitioner -vs- The District Collector, North Arcot Ambedkar District, Vellore 2.The Special Tahsildar, Adi Dravidar Welfare Gudiyatham, N.A.A.District. ... Respondents Edward Kennedy ... Petitioner in W.P.No. 4001 /96 Carolene ... Petitioner in W.P.No. 4002 /96 Rieta Josephine Shanthi ... Petitioner in W.P.No. 4003 / 96 Hemalatha Johnpaul Alankaram Minor rep by her guardian Mother Angel Mary ... Petitioner in W.P.No. 4004 / 06 -vs- 1.The Special Tahsildar, Adi Dravidar Welfare, Sivaganga 2.The District Collector, Sivaganga, Pasumpon Muthuramalinga Thevar District. 3.The Government of Tamil Nadu, rep by its Secretary, Department of Adi Dravidar and Tribal Welfare, Fort St.George, Chennai-9.. Respondents in W.P.Nos. 4001 to 4004 of 1996 W.P.No. 4017 of 1996 1.Perumal Ammal 2.Mahalakshmi ..Petitioners in W.P No. 4017 of 1996 -vs- 1.The State of Tamil Nadu rep by its Secretary to Government, Department of Adi Dravidar https://hcservices.ecourts.gov.in/hcservices/ and Tribal Welfare, Fort St. George, Chennai-9. 2. The District Collector, Coimbatore, Coimbatore District. 3. The Tahsildar (Waker Section Family Welfare Scheme) Coimbatore North. ... Respondents W.P.No.4140 of 1996 Palaniammal ... Petitioner VS 1. The District Collector Salem. 2. The Land Acquisition Officer, and Special Tahsildar (Adi Dravidar Welfare) Sankari. ... Respondents W.P.No.4369 of 1996 M. Venkataraman ... Petitioner VS 1. The District Collector, Sivagangai P.M.T. District. 2. The Special Tahsildar (Adi Dravidar Welfare Collectorate, Sivagangai. ... Respondents W.P.No.5362/96 1. Palaniammal 2. Rukmaniammal 3. Valliammal ... Petitioners VS 1. The District Collector, Coimbatore District. 2. The Spl. Tahsildar (L.A) Adi Dravidar Welfare, Pollachi, Coimbatore District. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.5396 of 1996 Sri Lakshmi Saraswathi Textiles (Arani) Ltd., rep by its Managing Director, R. Srihari Naidu. ... Petitioner VS 1. The State of Tamilnadu rep by its Secretary to Government Department of Adi Dravidar and Tribal Welfare, Fort St. George, Chennai-9. 2. The District Collector, Vellore, N.A.A. District. 3. The Special Tahsildar Land Acquisition (Adi Dravidar Welfare) Vellore. N.A.A.District. ... Respondents Pattuswamy ... Petition in W.P.NO.7576/96 K. Pandian ... Petitioner in W.P.No.7577/96 VS 1. The Spl. Tahsildar, Adi Dravidar Welfare, Chidambaram, South Arcot, Vallalar District. 2. The Collector of South Arcot Vallalar District and Cuddalore. .. Respondents in W.P.Nos.7576& 7577/96 W.P.No.10492/96 Chokkanathan ... Petitioner Vs 1.The Secretary to Government of Tamilnadu Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai-9. 2. The Special Tahsildar, Adi Dravidar & Tribal Welfare, Tiruttani, Chengalpattu MGR District ... Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.10886 of 1996 1. Abdulvasi 2. Nisan Ahmed 3. Mustak Ahmed 4. Abdul Sami ... Petitioners VS 1. The Distrct Collector, Vellore, N.A.A District. 2. The Special Tahsildar (ADW) Gudiyatham, N.A.A District. ... Respondents W.P.No.1918 of 1997 S. Sam David ... Petitioner Vs 1. The State of Tamilnadu, rep by its District Collector Kanyakumari District at Nagercoil. 2. The Spl. Tahsildar (ADW) & Land Acquisition Officer, Padmanabhapuram, Kanyakumari District ... Respondents W.P.No.3562/97 Durairaj ... Petitioner VS 1. The Collector of Villupuram, Collectorate, Villupuram Ramasamy Padayachiar District. 2. The Special Tahsildar (ADW) Ulundurpet, V.R.P. District ... Respondents W.P.No.3563/97. 1. Sesiah Nadar 2. Antony Nadar ... Petitioner VS 1. The District Adi Dravidar Welfare Officer, Tirunelveli Kattabomman District. https://hcservices.ecourts.gov.in/hcservices/ 2. The Special Tahsildar (ADW) Cheranmahadevi, Tirunelveli Kattabomman District. ... Respondents W.P.No.3612/97 and 8327/97 S.M.P.S.M. Sheikh Mydeen & Kader ... Petitioner in both WPS VS 1. The District Collector, Tirunelveli Tirunelveli Kattabomman District. 2. The Special Tahsildar (ADW) Tirunelveli. ... Respondents in both WPS W.P.No.4548 of 1997 Byrammal ... Petitioner VS 1. The Collector Dharmapuri, Dharmapuri District. 2. The Special Tahsildar Adi Dravidar Welfare, Krishnagiri. 3. The Village Administrative Officer, (Chandrappa) Kalingavaram ... Respondents W.P.No.9319 of 1997 1. C. Ravikumar 2. C. Govindasamy ... Petitioners VS 1. The State of Tamilnadu rep by its Secretary to Government, Adi Dravidar & Tribal Welfare Department, Fort St.George, Chennai-9. 2. The Special Tahsildar (Adi Dravidar Welfare) Salem. ... Respondents W.P.No.6752/98 R. Peria Gounder ... Petitioner https://hcservices.ecourts.gov.in/hcservices/ Vs 1. The District Revenue Officer, Namakkal, Namakkal District. 2. The Land Acquisition Officer, Special Tahsildar, Adidravidar Welfare Namakkal. ... Respondents Prayer in all WPs. 1. Petitions filed under Article 226 of the Constitution of India to issue a writ of certiorari that the notification dated 26.12.1995 published in the District Gazette No.88 dated 26.12.1995 under 4(1) of the Tamilnadu Acquisition of lands for Harijan Welfare Act (Act 31 of 1978) in so far as it relates to Survey No.145/1A measuring 0.09.0 out of 1.24.0 Hectares and Punjai lands comprised in Survey No.145/1B measuring 0.85.0 Hectares situate in Pudur Revenue Village, Utkadai, Vettaikkaranpatti Village, Devakottai Taluk, Pasumpon Muthuramalinga Thevar District is liable to be quashed. (WP.No.2288/96). 2. to issue a writ of Certiorari or any other appropriate writ or order or direction in the nature of a writ, calling for the entire records relating to the Notification of the 1st Respondent dated 25.11.1995 published in N.A.A. District Gazette in RCK.10/124301/94 under Section 4(1) of Tamil Nadu Acquisition of land for Harijan Welfare Scheme relating to the acquisition of land in Survey No.46/2 measuring 0.94.5 hectare in Melmuttukur Village, Gudiyattam Taluk, N.A.A. District and quash the same. (WP.No.2585/96) 3. Calling for the records of the respondents relating to the Section 4 (1) notification Published by the 1st respondent in Tirunelveli Kattabomman District Gazette No. 13, dated 14.8.1995 and Award No.12/95-96 of the 2nd respondent in A.877/94 dated 5.2.96 and quash the same in so far as they relate to the petitioners herein (W.P.No.2670/96) 4. To call for the records of the 2nd respondents relating to the notification issued order Form No.II, Published in the Pasumpon Muthuramalinga Thevar district Gazette, Sivagangai District dated 13.1.96 acquiring the petitioners Punja Land situated in S.No.283/7B Measuring 0.71 acres in Karungapatti O. Pudur Village P.M.T. District and quash the same. (W.P.No.3246/96) 5. Calling for the records of the respondent herein pursuant to Section 4 (1) notification Published in Dharmapuri District Gazette Extra Ordinary No. 23 dated 8.12.95 relating to the petitioners land measuring 0-62-0 hectare in S.No.426/3B of Nallur Village, Hosur Taluk, Dharmapuri District and quash the same. (W.P.No.3270/96) https://hcservices.ecourts.gov.in/hcservices/ 6. Calling for the records of the 4 (1) notification of the first respondent Published in Dharmapuri District Gazette Extra Ordinary dated 7.2.96 relating to the acquisition of the Petitioners land in S.No.33-2A of an extent of 0.36.0 Hectares in Nariganapuram Village, Hosur taluk, Dharmapuri District and quash the said notification (W.P.No.3414/96) 7. calling for the records pertaining to the notification published by the 1st respondent in District Gazette, Vellore North Arcot Ambedkar District in RCK.11/18713/95 dated 4.1.96 in respect of the lands belonging to the petitioner and quash the same. (W.P.No.3449/96) 8. calling for the records pertaining to the notification issued by the 1 st respondent in the District Gazette South Arcot Vallalar District Cuddalore in W2/7964/96 dated 27.2.96 in respect of the lands belonging to the petitioners and quash the same. (W.P.No.3603/96) 9. calling for the records of the 3rd respondent relating to the notice dated 5.2.96 issued in Form I under Rule 3 (1) of the Tamilnadu Act 31/78 and quash the same in respect of the lands belonging to the petitioner of an extent of 0.26.5 Hectares situated in S.No.656/3 in Samayanur Village Hamlet of No.22 of Nanjundapuram Village, Thadagam Post, Coimbatore- 641 108 (W.P.No.3604/96) 10. calling for the entire records relating to the notification of the 1st respondent dated 25.11.95 published in North Arcot Ambedkar District Gazette in RCIC/10/124300/94 extra ordinary under section 4 (1) of the Tamilnadu Act 31/1978 relating to the acquisition of the petitioner land in S.No.37/2A1 measuring 25 hectares in Melmuttukoor Village, Gudiyatham Taluk, N.A.A. District and quash the same as illegal and ultra vires of the Act (W.P.No.3902/96) 10(a) calling for the records of the 1st Respondent with respect to notice issued to the petitioner by the 1st respondent on 26.12.95 in Na.Ka.119/94 and the consequential notification dated 21.2.1996 published in the District Gazette of Pasumpon Muthuramalinga Thevar District, dated 24.2.1996 issued by the 2nd Respondent under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act No.31/78 in so far as it relates to the petitioner's land comprised in S.No.253/10, 253/13, 253/11 and 253/12 and quash the same. (WP.Nos.4001 to 4004/96). 11. calling for the for the records of the 3rd respondent relating to the notice dated 5.2.96 issued in Form I under Rule 3 (1) of the Tamilnadu Act 31/78 and quash the same in respect of the lands belonging to the petitioners of an extent of 0.35.0 Hectares situated in S.No.656/1 in Samayanur Village Hamlet of 22 Nanjundapuram Village, Coimbatore- 641 108 (W.P.No.4017/96) https://hcservices.ecourts.gov.in/hcservices/ 12. calling for the records of the respondent ending with the notification published at Page 6 of the Extraordinary issue of Salem District Gazette No9 dated 8.2.96 and the order of the 2nd respondent in ROC 1399/94(A) dated 29.2.96 and quash the same. (W.P.No.4140/96) 13. to issue a writ of certiorarified mandamus or any other appropriate writ or directions, calling for the records relating to the acquisition proceedings published in the Pasumpon Muthuramalinga Thevar District Gazette Extraordinary No.68 dated 26.12.1995, published under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 and all consequential proceedings ordered or issued or made by the 2nd respondent in respect of the petitioner's land comprised in S.No.315/3A1 dry measuring 0.61.0 Muthanendal Village, Vagudi Group, Manamadurai Taluk, Pasumpon Muthuramalinga Thevar District, quash the same and forbear the respondents herein from in any manner interfering with the possession and enjoyment of the said land by the petitioner. (WP.No.4369/96). 14. to issue a writ of certiorari calling for the records relating to the Notification issued by the 1st respondent herein i.e. The Collector, Coimbatore District, under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978 and published in Coimbatore District Gazette, Extraordinary dated 6.12.1995 with respect to the petitioners' land comprised in S.F.No.147/1 (0.83.0 Hectares), 74 Pallapalayam Village, Udumalpet Taluk, Coimbatore District in Roc.No.144167/95(N-6) dated 25.11.1995 in so far as the petitioners' lands are concerned and the consequential notice dated 21.3.1996 issued by the 2nd Respondent in Na.Ka.1566/94/A in Form III Rules 5(1) of the said Rules and quash the same. (WP.No.5362/96) 15. calling for the records of the 2nd respondent relating to the proceedings in RC K 11/114708/95 dated 19.2.96 published in the District Gazette and quash the notification under Section 4 (1) of the Tamil Nadu Act 31/1978 in and by which the lands belonging to the petitioners of an extent of 1.05.0 Hectares in S.No.4 in Brahamanamangalam village and on an extent of 0.30.5 Hectares in W.No.341/1 in Vettuvanam Village has sought to be acquired. (W.P.No.5396/96) 16. calling for the records pertaining to the notification of the 2nd respondent under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan welfare Schemes Act 1978 (Act 31/78) published in the South Arcot Vallalar District Gazette extraordinary Part I dated 14.11.95 and quash the same in so far as it relates to the petitioners land to the extent of 0.09.5 and 0.32 hectares in S.Nos.44/1A2 and 44/2B situate at Allur Village Madura Poothangudi Sethiathope (Post) Chidambaram Taluk, South Arcot Vallalar District (W.P.No.7576/96 and 7577/96) 17. calling for the records relating to the Section 4(1) Notification issued under the Tamil Nadu Acquisition of the land https://hcservices.ecourts.gov.in/hcservices/ for Harijan Welfare Scheme Act 31/78 published in the Chengalpattu MGR District Gazette No.13 dated 12.2.96 in respect of the land belonged to the pettioner in Survey No.273-10c2 of an extent of 0.20.0 hectares at Agoor Village, Tiruttani Taluk, Chengalpattu MGR District and quash the same. (W.P.No.10492/96) 18. calling for the entire records relating to the notification of the 1st respondent dated 3.2.96 published in North Arcot Ambedkar District Gazette in RCK 10/62191/95 (Extraordinary) under Section 4 (1) of the Petitioner's land in S.No.279/1-A, measuring 0.90.0 Hectares pernambur Village, Gudiyatham Taluk, NAA District and quash the same as illegal and ultra vires of the Act. (W.P.No.10886/96) 19. calling for the records relating to the land acquisition proceedings notified under Section 4 (1) of the Tamil nadu Acquisition of land for Harijan welfare Scheme Act 31/78 by the 1st respondent published in Kanyakumari District Gazettee dated 6.10.95 and consequential notice issued in A1 811/93 dated 21.1.97 by the 2nd respondent and quash the same in so far as the petitioner's land is concerned. (W.P.No.1918/97) 20. to issue a writ of certiorari, calling for the records relating to the Notification issued under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1979 by the first respondent in respect of Petitioner's land bearing Survey Nos.112/15-C measuring 0.04.0 hectares, Survey No.118/1 measuring 0.32.0 hectares Survey 118/2A 0.50.0 hectares, Survey No.118/2B measuring 0.24.5 hectares, Survey No.118/2A measuring 0.26.0 hectares and in survey No.118/B measuring 0.36.5 hectares in all measuring 1.73.0 hectares in C.Meyyur Village of Tirukoilur Taluk, Villupuram Ramasamy Padayachiyar District, as published in the Villupuram Tamasamy Padayachiyar District Gazette Extraordinary No.29, dated 2.8.1996 and quash the same. (WP.No.3562/97). 21. Certiorified Mandamus calling for the records relating to Na.Ka.No.Pa-12047/97 dated 15.2.97 passed by the 1st respondent District Adi Dravidar Welfare Officer, Tirunveli Kattabomman District and quash the same and forbearing the respondents from acquiring the properties covered in S.No.1342/1A to an extent of 0.28.5 Hectares and S.No.1343/2 to an extent of 1.52.0 Hectares in Alwarkurichi Village, Ambasamudram Taluk, Tirunelveli Kattabomman District (W.P.No.3563/97) 22. Certiorari calling for the records in P2/18094/97 dated 27.2.97 on the file of the 1st respondent and quash the same (W.P.No.3612/97) 23. calling for the records in Na.Ka.P1/18076/97 dated 26.2.1997 published in district Gazette of Tirunelveli Kattabomman District dated 7.3.97 on the file of the 1st respondent herein and quash the same. (W.P.No.8327/97) https://hcservices.ecourts.gov.in/hcservices/ 24. to call for the records of the first respondent pursuant to section 4 (1) Notification published in the Dharmapuri District Gazette dated 25.2.97 relating to the petitioner's land in S.No.24/2 of an extent of 0.68.5 hectares in Kodikathammanapalli Village, Kalingavaram Post, Hosur Taluk, Dharmapuri District and quash the same (W.P.No.4548/97) 25. Mandamus forbearing the respondents from acquiring the lands belonging to the petitioners in Survey No.101/2 in Neerumullikuttai Village Salem Taluk & District to an extent of 1.73.0 Hectares pursuant to the notice ROC No.49/94 dated 13.5.96 issued by the 2nd respondent. (W.P.No.9319/97) 26. Certiorari call for the records pertaining to the notification under Section 4(1) of the Tamilnadu Acquisition of land for Harijan welfare (Act 31/78) published in Salem District Gazette No. 21 dated 22.11.95 in respect of the petitioners Land measuring 1.20 acres comprised in Survey No. 115/2A2/of Agaram Village, Tiruchengode Taluk, Namakkal District and the Consequential award notice made by the 2nd respondent in award No. 20-95-96 dated 29.3.96 and quash the same. (W.P.No.6752/98) respectively. For Petitioners in all WPS. Mr.S. Parthasarathy, Senior Advocate for M/s. Sarvabhauman & Associates in W.P.Nos.3604 & 4017 and for Mrs.Mythili Suresh in W.P.No.5396 of 1996 Mr.M.V. Krishnan in W.P.No.3414 of 1996 Mr. Natarajan in W.P.Nos.4001 to 4004 of 1996 for M/s. Anand Das Gupta & Sagar Mr.N. Damodaran in W.P.No.5362 of 1996 Mr. Hafiz Ali for Mr.I. Mahaboof Sheriff in W.P.No.6732 of 1998 For Respondents in all WPs. Mr.P.S. Raman, Additional Advocate General Assisted by Mr.P. Subramanian, Govt. Advocate O R D E R P.K. MISRA, J 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:- https://hcservices.ecourts.gov.in/hcservices/ 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 record his reasons in his order while dealing with the objections of the owner? 2. Before considering these questions, a brief introduction is required. The Act was enacted in the year 1978 to provide for acquisition of land for Harijan Welfare schemes. As soon as the Act was enacted, it was mired in legal controversy and its validity was challenged. The Madras High Court, by its Judgment dated 09.09.1981 declared that the Act was ultravires of the Constitution of India. However, in appeal, the Supreme Court upheld the validity of the Act except sub-section (1) of Section 11 to the extent that such provision provided that the compensation shall be paid in instalments. Such decision of the Supreme Court is reported in AIR 1995 SC 2114 equivalent to (1995) 1 SCC 519 (STATE OF TAMIL NADU AND OTHERS v. ANANTHI AMMAL AND OTHERS) 3. The relevant provisions may be noticed. 3.1 Under Section 3(g) of the Act, "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 Harijans 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". 3.2. Under Section 3(f) of the Act, "Harijan" means "members of the scheduled Castes and include Scheduled Tribes; (Explanation) (1) "Scheduled Castes" means the castes, races or tribes or parts of, or groups within, castes, races or tribes specified in the Constitution (Scheduled Castes) Order, 1950, made by the President under Article 341 of the Constitution as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976). (2) "Scheduled Tribes" means the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, https://hcservices.ecourts.gov.in/hcservices/ specified in the Constitution (Scheduled Tribes) Order, 1950 made by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976)." 3.3. Section 4 of the Act is extracted hereunder: "Section 4 – Power to acquire land – (1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme, it is necesary 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. (2) Before publishing a notice under sub- section (1), the District collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or 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. (3) (a) The District collector may, where he has himself called upon the owner or other person to show cause under sub-section (2), pass such orders as he may deem fit on the cause so shown; (b) Where any officer authorised by the District Collector has called upon the owner or other person to show cause under sub- section (2), the officer so authorised shall make a report to the District Collector containing his recommendations on the cause so shown for the decision of the District collector. After considering such report, the District Collector may pass such orders as he may deem fit." 4. Section 23 of the Act empowers the Government to make rules. 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. Rule 3 contemplates the procedure for acquisition of land and is extracted hereunder:- "3. Procedure for acquiring land - (i) The District Collector or the officer authorised by him in this behalf shall serve a show cause notice in Form I under sub-section (2) of section 4 individually on the owner or on all persons interested in the land to be acquired. If the owner or any other https://hcservices.ecourts.gov.in/hcservices/ 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 other person interested. (ii) The District Collector, if, after passing such orders as required by sub-sections (2) and (3) of section 4, is satisfied that it is necessary to acquire the land, notice in Form II to that effect shall be published in the District Gazette." 5. Form I, which is relatable to Rule 3(i), is to the following effect: " Form I Notice is hereby given that the land/lands specified in the Schedule below and situated in village,taluk district is/are necessary to be acquired for the purpose of All 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 of their/your objections if any, showing cause why the land/lands mentioned in the schedule below should not be acquired. The statement of objections, if any, received after the expiry of the time stipulated or sent by a person, who is not interested in the land, is liable to be summarily rejected. The statement of objections, if any, received within the time stipulated will be enquired into at on_________ the at the office of the . Then/you will be at liberty to appear in person or represented by pleader and adduce any oral and documentary evidence in support of their/your, objections, failing which, it will be presumed that they/you have no objection whatsoever in respect of the said land/lands to be acquired and action will be taken accordingly." 6. The statutory provisions thus make it clear that the District Collector is the authority to exercise the power of eminent domain. As per Section 4(1), it is required that the Collector should be satisfied that the land is required for the purpose of any Harijan Welfare Scheme. Notice