JUDGEMENT
K.K. Sasidharan, J. -
(1.)The writ petition filed by the first respondent challenging the land acquisition was quashed by the learned single Judge by placing reliance on the earlier decision of a learned single Judge in V.G.P.Housing (P) Ltd., v. The Secretary to Government [W.P.Nos.2055 and 2056 of 2010 dated 10.07.2012]. In the said decision, the learned single Judge opined that enquiry must be conducted only by the Government notwithstanding Section 23-A of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter referred to as "Industrial Purposes Act), delegating the power to the District Collector concerned and the related Government Order in G.O.Ms.No.513 dated 2 September 2005. The order is under challenge at the instance of the State.
The Facts
(2.)The land owned by the first respondent in Sriperumbudur Taluk, was acquired by the State along with larger extent for expansion of existing industrial complex at Sriperumbudur. The total land acquired was 173.25.5 hectares. The District Collector issued notice under Section 3(2) of the Industrial Purposes Act to show cause as to why the land should not be acquired. The District Collector on receipt of objection conducted enquiry after issuing notice. The District Collector after conclusion of the enquiry submitted his report to the Government for acquisition of land. The Government after consideration of the report and the recommendation made by the District Collector issued a notification under Sub-Section (1) of Section 3 of the Industrial Purposes Act acquiring the land.
(3.)The first respondent challenged the notification on the ground that enquiry was not conducted in accordance with the Industrial Purposes Act and the Rules made thereunder.
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