Choices in land acquirement will lead to dire consequences: HC

According to the petitioner, there was no personal inquiry conducted by the collector and the objections that the lands being wetlands are not fit for Housing were not considered by the collector
 Madras High Court
Madras High Court

CHENNAI: The Madras High Court on Tuesday held that if the government decides to acquire the lands with the choice made by the beneficiaries for constructing the houses, it will generate dangerous consequences.

Justice R Subramanian made this observation on allowing a writ appeal filed by R Rangarajan and Sakunthala Rangarajan. The petitioners prayed for a direction to set aside the earlier order HC rejecting his plea to quash the notice for acquiring 2.59.5 hectares belonging to the family of the petitioners in Ponpadi Village of Thiruvallur District.

According to the petitioner, there was no personal inquiry conducted by the collector and the objections that the lands being wetlands are not fit for Housing were not considered by the collector.

“No opportunity was given to the land owners to object to the remarks of the Tahsildar, in as much as the Report of the Tahsildar dated October 23, 2001, was not furnished to the land owners before the District Collector took a decision to over rule the objections, ” the petitioner submitted.

However, the government submitted that the beneficiaries who are Adi Dravidars wanted that particular land to be acquired for the housing projects.

Recording the submissions, the judge held that if the beneficiaries are allowed to choose the land for acquisition it will lead to very dangerous consequences.

“The function of the district collector has been bartered away to the hands of the beneficiaries, we do not think that this action can be approved. We are therefore unable to subscribe to the order of the writ court upholding the acquisition,” the judge held and allowed the petition.

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