HC upholds land acquisition for NLC

Chennai, Mar 6 (UNI) Madras High Court today upheld land acquisition proceedings of the Tamil Nadu government in Cuddalore District for the second mine expansion scheme of Neyveli Lignite Corporation.

A Division Bench comprising Justices P D Dinakaran and P P S Janarthana Raja upheld the proceedings by an order dated April 24, 2003 of the state government while dismissing a batch of petitions from K Ramakrishnan and others, challenging it.

The petitioners challenged acquisition of 1407.83 hectare of wet, dry and 'natham' lands in Manapuram, Kottagam, Sathapadi, Srivarapur, Uyyakandaram, Uaihanoor, Vallayammadevi, Keelpathi, Melpathi and Periavadavadi villages for NLC's second mine expansion scheme.

Following the April 24 order, the state government issued notices to land owners, interested persons and acquired the land. Aggrieved land owners moved to the court.

The petitioners contended it could be done only by the Centre under the Coal Bearing Areas (Acquisition and Development) Act, 1957, which was a special enactment providing for acquisition of land containing or likely to contain coal deposits. Its provisions should prevail over the Tamil Nadu Act. The Centre envisaged better compensation and royalty to owners. Failure to provide sufficient rehabilitation measures/safeguard, to owners as contemplated under the National Policy on Resettlement and Rehabilitation for project affected families, vitiated the impugned acquisition.

The Bench said acquisition proceedings under the Tamil Nadu Act were not illegal, irrational or procedurally improper. The Act did not suffer from legislative incompetency nor did the acquisition proceedings suffer for want of jurisdiction. 'We are unable to comprehend the grievance of land owners/interested persons.' UNI