Ramji Veerji Patel & Ors vs Revenue Divisional Officer & Ors

2. On the requisition of Cholan Roadways Corporation Limited, Kumbakonam (for short, `the Corporation') for making available land for expansion of their depot, particularly for a 1 workshop, at Chidambaram, the State Government of Tamil Nadu (for short, `the Government') issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, `the Act') which was published in the Gazette on March 3, 1989 notifying for general information that the land mentioned therein, namely, land admeasuring 1.45 acres comprised in T.S. No. 14, classified as government wet land in Chidambaram Municipal Town, South Arcot District was needed for the above public purpose. The notification under Section 4(1) was also published in the two newspapers on November 18, 1988 and in the locality on March 27, 1989. The appellants filed objections to the acquisition before the Revenue Divisional Officer (for short, `RDO'), Chidambaram. The diverse objections to the acquisition were raised; one of such objections being that the other lands behind the existing depot of the Corporation were available and could be used for the purpose for which their land was sought to be acquired. They stated that their family was dependant upon the income from the saw mill existing on the land and by compulsory acquisition of their land, they would be deprived of the sole means of livelihood.

5. The Government was not persuaded by the appellants' objections and the declaration under Section 6 of the Act was issued which was published in the Gazette on March 21, 1990. The publication of the Section 6 declaration was made by other modes as well.

7. Against the order of the Single Judge, the appellants preferred intra-court appeal which has been dismissed by the impugned order on July 25, 2001.

18. The appellants and their family members purchased the subject land admeasuring 1.45 acres on January 27, 1981. The said land was agricultural at the time of purchase and was depressed in as much as it was low in level than the main road. The appellants incurred expenditure in raising the level of the land and made improvements; raised the building thereon and installed a saw mill somewhere in 1986. In their objections filed on May 24, 1989 before the RDO, the facts concerning the expenditure incurred by them for converting the agricultural land into building site; the deprivation of their sole means of livelihood and the availability of other lands were stated. The objectors also stated that the workshop of Thanthai Periyar Transport Corporation was originally put up in Anna Kalayarangam land owned by the Municipality. Later, they had purchased four acres of land comprised in T.S. Nos. 133 and 151 at Lal Puram main road, and constructed a workshop and that workshop was functioning. The Corporation, the objectors submitted, can acquire any extent of land next to them to construct a workshop.

The RDO, accordingly, forwarded its report to the Government.

Government company referred to in clause (cc);

(iii) A co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause (cc)".

33. In view of the above, there is no merit in the appeal and it is dismissed. I.A. No. 4 and other pending applications, if any, stand disposed of. No costs.