Case Law Details
H. Bhima Ram Vs Principal Secretary (Madras High Court)
To opt for publication of an intended acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens. Of all the four citations herein quoted, the earliest judgment delivered was on 30.06.2000 [ reported in 2000 (III) CTC 215], and this Court is at a loss to understand why after two decades, the bureaucracy has not considered it necessary to appreciate what the law on subject is. Should the Court presume that the bureaucracy has not considered Article 261 of the Constitution of this country as worthy of respect? This Court, hence, suo moto impleads the Chief Secretary, Government of Tamil Nadu, as the fifth respondent in this matter.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
The prayer sought in these cases though fall is similar to one involved in W.P.No. 19313 of 2020, the one fact which disclosed is that notification of acquisition is published in a certain aaily called ‘Trinity Mirror’, which is said to have wide circulation in Hosur Taluk.
2.1 Not only the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, even the State Enactments on the land acquisition require newspaper publication atleast in one English and one Vernacular newspapers having wide circulation in that locality.
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