V. Krishnan vs Government of Tamil Nadu and 2 others

B. Subhashan Reddy, C.J.—This Writ Appeal is preferred against the order dismissing the writ petition arising under Land Acquisition Act.

Notification u/s 4(1) which has been issued on 20.8.1992 and gazetted on 16.9.1992 followed by Section 6 declaration gazetted on 29.9.1993

are sought to be set aside. The ground of challenge is that the paper publication has been effected in two Tamil dailies viz., Madurai Mani and

Guinness. We fully agree with the contention of the learned counsel for the appellant Mr.K.V. Sanjeev Kumar that the paper publication has not

been made in the manner laid down under the Land Acquisition Act. In all fairness, the respondents ought to have published in leading English and

Tamil, dailies which are in circulation in that locality . This shall be taken note of by the Governmental authorities and hereafter all the land

acquisition proceedings shall be published in leading English and Tamil dailies. This aspect shall be intimated by the Government Order to all the

District Collectors and the Land Acquisition Officers of the State of Tamilnadu. Coming to the case on hand, even though the relief could be

granted, but because of the delay caused by the appellant in approaching this Court after a period of one year from the date of Section 8

declaration and two years after Section 4(1) notification, we are refraining ourselves from setting aside the land acquisition proceedings-, more so

in view of the fact that award has already been passed. While individual interest has to be taken into consideration, particularly in view of the right

of guarantee envisaged under Article 300-A of the Constitution, it is well settled law that public interest shall always prevail over the individual

interest.

We now direct the 2nd respondent to serve notice u/s 12(2) of the Land Acquisition Act within two weeks from the date of receipt of copy of

this order and it is needless to mention that the appellant shall have the right to seek reference for enhanced compensation within six weeks from

the date of receipt of Section 12(2) Notice by making an application to the second respondent. The writ appeal is disposed of accordingly. No

Costs. Consequently, C.M.P.No.13868 of 2001 is closed.