Acquisition of Lands (396 Ex II 2)
The Rural Development and Panchayat Raj Department, Government of Tamil Nadu, issued G.O. (Ms.) No. 114 on 31 December 2010 to acquire specified portions of private land in Kodanad Village, Kotagiri Taluk, The Nilgiris District, for developing a public road to Anna Nagar and Kamaraj Nagar Hamlets. The Governor of Tamil Nadu treated the acquisition as urgent, authorised the Revenue Divisional Officer, Coonoor, and associated staff to exercise statutory powers, and dispensed with the procedure under Section 5-A of the Land Acquisition Act, 1894.
What the notification does
The Rural Development and Panchayat Raj Department, Government of Tamil Nadu, issued G.O. (Ms.) No. 114 on 31 December 2010 under the Land Acquisition Act, 1894. It directs the acquisition of specified land portions in Kodanad Village for developing a public road to Anna Nagar and Kamaraj Nagar Hamlets.
The notification says residents had used the road over a long period but faced difficulties because the land was privately held and access was not allowed at night. It identifies emergencies such as deliveries and accidents as reasons for treating the acquisition as urgent.
Who is affected
G.O. (Ms.) No. 114 directly affects the listed portions of Survey Numbers 138-3, 139-1, 155-3, 155-4, 159, 160-1, 160-4, 160-5 and 160-6 in Kodanad Village, Kotagiri Taluk, The Nilgiris District.
The schedule records the land as belonging to M/s. Kodanad Tea Estate Company and the named individuals William Thomas Greig Jones, Dorathi Joy Greig Jones, Christin Biriyoni Jones, Greig Jones Bardiras, Petercars Edwar Greig Jones and Kumari Tayan Kerolayan Greig Jones. Residents of Anna Nagar and Kamaraj Nagar Hamlets are also affected because the acquisition is intended to secure their road access.
Land covered
The schedule identifies the following acquisition extents:
- Survey Number 138-3, 0.19.20 hectare.
- Survey Number 139-1, 0.03.24 hectare.
- Survey Number 155-3, 0.06.00 hectare.
- Survey Number 155-4, 0.42.18 hectare.
- Survey Number 159, 0.22.92 hectare.
- Survey Number 160-1, 0.07.20 hectare.
- Survey Number 160-4, 0.05.10 hectare.
- Survey Number 160-5, 0.14.40 hectare.
- Survey Number 160-6, 0.11.10 hectare.
- Total acquisition extent, 1.31.34 hectares.
Urgency and official powers
G.O. (Ms.) No. 114 invokes the urgency power under Section 17 of the Land Acquisition Act, 1894. It authorises the Revenue Divisional Officer, Coonoor, together with staff and workmen, to exercise the powers available under Section 4(2). It also dispenses with Section 5-A because the matter involves public access to the hamlets.
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Common questions
Why was land in Kodanad Village being acquired?
The land was required to develop a public road to Anna Nagar and Kamaraj Nagar Hamlets. The notification says residents had difficulty using the existing road, particularly at night and during emergencies.
Does the notification cover entire survey fields?
No. The schedule specifies particular acquisition extents within each listed survey number and gives a combined extent of 1.31.34 hectares.
Was the usual Section 5-A procedure followed?
No. The Governor of Tamil Nadu dispensed with Section 5-A of the Land Acquisition Act, 1894, because the acquisition was treated as urgent and concerned public access to the hamlets.
Which official was authorised to act on the acquisition?
The Revenue Divisional Officer, Coonoor, and associated staff and workmen were authorised to exercise the powers conferred by Section 4(2) of the Land Acquisition Act, 1894.
