G.O. (Ms.) No. 116, Acquisition of Lands, 2013
The Tamil Nadu Public Works Department issued Government Order (Ms.) No. 116, Public Works (P2), dated 19 June 2013, to acquire 4.45.0 hectares of land in Ponnakudi Village, Palayamkottai Taluk, Tirunelveli District. The acquisition is for a flood carrier channel linking the Tamirabarani, Karumeniaru and Nambiyaru rivers, and the Governor directed immediate acquisition and excluded the procedure under Section 5(A) of the Land Acquisition Act, 1894 because of urgency.
What the government notification does
Government Order (Ms.) No. 116, Public Works (P2), dated 19 June 2013, declares that specified lands in Ponnakudi Village are needed for a public purpose. The Tamil Nadu Public Works Department published the acquisition as Notification No. II(2)/PWD/434(b)/2013 in the Tamil Nadu Government Gazette Extraordinary dated 20 June 2013.
The stated public purpose is the formation of a flood carrier channel by interlinking the Tamirabarani, Karumeniaru and Nambiyaru rivers. The project is intended to benefit dry areas in Tirunelveli and Thuthookudi districts.
Urgency and official powers
Government Order (Ms.) No. 116 directs acquisition under Section 17(1) of the Land Acquisition Act, 1894 because immediate possession of the scheduled lands was considered necessary.
Key provisions are:
- The urgency provision under clause (c) of Section 3 was invoked.
- Section 5(A) of the Land Acquisition Act, 1894 was directed not to apply to the case.
- The Special Tahsildar (Land Acquisition), Inter-linking of River Project, Unit III, Palayamkottai, together with staff and workmen, was authorised to exercise the powers under Section 4(2).
- The total scheduled extent is 4.45.0 hectares.
Lands covered
Government Order (Ms.) No. 116 applies only to the scheduled dry lands in Ponnakudi Village, Palayamkottai Taluk, Tirunelveli District. The listed survey numbers and extents are:
- Survey No. 27/1B, 0.27.5 hectare
- Survey No. 27/2, 0.40.0 hectare
- Survey No. 27/3A2, 1.42.0 hectare
- Survey No. 27/3B1, 0.43.0 hectare
- Survey No. 27/4A1, 0.24.0 hectare
- Survey No. 27/4B1, 0.47.0 hectare
- Survey No. 27/5A, 0.38.5 hectare
- Survey No. 27/6A, 0.20.0 hectare
- Survey No. 27/6B1, 0.15.5 hectare
- Survey No. 27/7A1, 0.19.5 hectare
- Survey No. 27/7B1, 0.03.0 hectare
- Survey No. 27/8A1A, 0.01.0 hectare
- Survey No. 28/1A, 0.24.0 hectare
Who should check the schedule
Government Order (Ms.) No. 116 directly concerns the persons named as owners of the scheduled survey fields and anyone buying, selling or examining rights in those fields. The schedule also records boundaries using adjoining survey numbers and Tharuvai Village.
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Common questions
Does this acquisition cover all land in Ponnakudi Village?
No. Government Order (Ms.) No. 116 covers only the survey numbers and extents listed in its schedule, totalling 4.45.0 hectares.
Why is the Tamil Nadu government acquiring these lands?
The lands are required to form a flood carrier channel interlinking the Tamirabarani, Karumeniaru and Nambiyaru rivers for the benefit of dry areas in Tirunelveli and Thuthookudi districts.
Can the usual Section 5(A) procedure be used for this acquisition?
No. The Governor directed that Section 5(A) of the Land Acquisition Act, 1894 would not apply because the case was treated as urgent.
Does the notification state the compensation payable to landowners?
No. Government Order (Ms.) No. 116 identifies the lands, owners, purpose and acquisition powers, but does not state compensation amounts or terms.
