Tamil Nadu - Chennai

Court sets aside acquisition of lands

CHENNAI: The Madras High Court on Tuesday set aside the acquisition of lands at Thamanur in Gingee taluk for Christian Adi Dravidars under the Tamil Nadu Acquisition of Land for the Harijan Welfare Schemes Act.

This will not preclude the authorities from resorting to acquisition under the Central Act 1 of 1894 for providing house sites to 37 beneficiaries by issuing a proper notification for acquiring the lands, the court said.

The respondents, if they so desired, should issue the notification in 12 weeks. Till then, status quo would continue, Justice K.Chandru said, disposing of a writ petition.

M. Gopal Gounder (since deceased) and his two legal heirs challenged a notification issued in January 1999 under the State legislation. They contended that under the State legislation, land could be acquired only for Harijan welfare schemes. The terms ‘Harijan welfare scheme’ and ‘Harijan’ were defined in the legislation. As Christian Adi Dravidars were not covered by the Presidential notification issued under Article 341, the acquisition was per se illegal.

The judge said that section 4 (2) notice issued to the petitioner did not mention the purpose as one of providing house sites to Christian Adi Dravidars. But, in the final notification, the purpose was mentioned. The petitioner’s stand that the acquisition was made for Christian Adi Dravidars was unassailable, and for that purpose the provisions of the State Act ought not to have been invoked. The Tamil Nadu Act was intended to acquire land only for Harijan welfare schemes, and the definition of Harijan was as listed in the Presidential notification. Christian Adi Dravidars stood excluded from the list of castes contained in the notification.

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