Create separate wing for land acquisition, TN govt told

A division bench comprising Justices N Kirubakaran and Abdul Quddhose made the observation while dismissing an appeal moved by the Tamil Nadu Housing Board (TNHB) relating to the acquisition of 40 acres set aside by a single judge for non-compliance of provisions of the Act. “To alleviate the housing problems for the poor people, many land acquisition proceedings are made. However, for various administrative reasons over non-compliance of the Act, the courts are striking down the acquisition proceedings, even though they are initiated for laudable purposes,” the bench said.

“The officials should be sensitised about the strict provisions of the Land Acquisition Act, presently the new Act. Only then, the officials would take appropriate action within the time period stipulated under the Act,” the bench further said. In the case before the court, the land had been acquired for the purpose of providing housing units to the general public by issuance of Section 4(1) notification on September 6, 1996. The single judge struck down the notification for non-compliance of provisions of the Act viz. non-publishing of Section 4(1) and Section 6 notifications in widely circulated newspapers in the locality. That apart, the government failed to file a counter defending the land acquisition proceedings in the writ petition which was pending for about 10 years.

Based on the default on the part of the government to defend their case, the bench while dismissing the plea also held, “That apart, when the land acquisition proceedings were quashed by the single judge, surprisingly the government had not preferred appeal against the said order which would not only prejudice the interest of the government but also the beneficiaries of the land acquisition proceedings.”