L JAGANATH Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT PUBLIFE INSURANCE CORPORATION WORKS (IRRIGATION) DEPARTMENT

JUDGEMENT

(1.) The possession of the petitioner's lands were taken by the PWD Department for construction of Palar-Porunthalar land scheme. On 10-06-1970, notice was issued by the petitioner requesting the Government to pay compensation for the lands which were taken possession of, for the purpose of construction of the dam. On 06-10-1970, under G.O.Ms.No.2009, the PWD formulated and sanctioned the irrigation scheme known as Palar-Porunthalar dam. For that purpose, the Government decided to acquire vast extent of lands in Balasamudram Village and Pudhachehu Village. Notification under Section 4(1) of the 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 of the Land Acquisition Act was given for enquiry. The petitioner appeared for the enquiry and gave his consent for acquisition on payment of just compensation. The draft declaration under Section 6 of the Act was set.

(2.) It is not necessary to go into the facts because State of Tamil Nadu v. Narendra Dairy Farms (P) Ltd. Dairy Farms (P) Ltd. is identical on facts.

(3.) There also the respondents proceeded against the land owner both under the Land Acquisition Act and the Land Ceiling Act and contended that the latter act will alone apply. The Division Bench rejecting the respondent's case held that the respondents should issue a Section 4(1) Notification and then proceed to pass an award accordingly.