Ismail and Asan Sahib vs The District Collector, Ramanathapuram and The Special Tahsildar, Adi Dravidar Welfare, Ramanathapuram

P.K. Misra, J.—Heard the learned counsel appearing for the parties.

In this writ petition, the acquisition of land by the respondents under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act

1978 ( Tamil Nadu XXXI of 1978 ) is being challenged. Though several contentions have been raised it is unnecessary to deal with them as the

writ petition is to be allowed on the question relating to non-compliance with the provision contained in Section 4(2) of the Act. For convenience

the aforesaid provision is quoted hereunder.

4(2) Before publishing a notice u/s (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.

It has been asserted in the writ petition that the Gazette notification u/s 4(1) of the Act was published by the Collector without complying with the

provision u/s 4(2). A bare perusal of Section 4 would make it clear that before publishing the notification relevant to acquisition u/s 4, the Collector

is required to issue notice to the person concerned in accordance with Section 4(2). It has been held in several decisions of this Court including N.

Loganathan Vs. The Special Tahsildar, A.D.W., that the provision contained in Section 4(2) is mandatory and any acquisition in violation of such

provision is null and void.

3.In the present case, though counter has been filed, there is no assertion to the effect that notice as contemplated u/s 4(2) has been issued to the

petitioner before publication of the Gazette dated 1.11.95. In fact, it appears that only after publication of the Gazette dated 1.11.1995, a notice

was issued to the petitioner for the first time in Form No.III on 21.12.1995. Notice under Form No.III relates to the question of the award. On

the other hand notice u/s 4(2) is in Form No.I. Such a notice has not been issued.

4.Following the aforesaid decision, I quash the gazette notification dated 1.11.1995. The writ petition is accordingly allowed. No order as to costs.