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(2004) 1 MLJ 194 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : P.K.Misra, J.
Case Number(s) : W.P.No.1722 of 1999
Judgement Date :
Monday 29th of September 2003
| A.S.Periasamy | .....Appellant(s) | | Versus | | | State of Tamil Nadu and others | .....Respondent(s) |
(A) Land Acquisition Act (I of 1894), Sec.4(1) as amended by Tamil Nadu Amendment Act (XVI of 1997) — Notification under — “Official gazette” — What is — Contention that publication in District gazette is not contemplated under Sec.4(1) — “Official gazette” is not defined under the Act — Meaning ascribed to such expression in the General Clauses Act should be followed — ‘Official gazette’ means the Official gazette of the State and not a District gazette — Petitioner’s contention upheld.
(B) Land Acquisition Act (I of 1894), Secs.4(1), 5-A and 45(3) — Publication not made in the gazette — Provisions of Sec.4(1) not complied with — Notice relating to enquiry under Sec.5-A — Not issued and served as per requirement of Sec.45(3) — Land acquisition proceedings is vitiated — Declaration under Sec.6 and notification under Sec.4(1) of the Act quashed.
Cases Referred
Duley Singh v. The State of Uttar Pradesh A.I.R. 1977 All. 251
P. C. Thanikavelu v. The Special Deputy Collector for Land Acquisition, Madras 1989 Writ L.R. 89
Muthu v. The Government of Tamil Nadu represented by the Secretary, Social Welfare Department 1986 Writ L.R
Ramiah Moopanar v. State of Tamil Nadu : [2000] 1 M.L.J. 385
P. Rajendran v. The District Collector, Salem : [2000] 2 M.L.J. 790
Ramniklal N. Bhutta v. State of Maharashtra [1997] 1 S.C.C. 134
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