This was done pursuant to the Notification No.4 1 /65 dated 23.4.1966 which had been issued under Article 258 1 of the Constitution of India whereby President of India had entrusted to the Government of Tamil Nadu, with their companysent, the functions of the Central Government under the Land Acquisition Act, 1894 in relation to acquisition of lands for the purpose of the Union in the said State.
Thereupon the Department of Space filed Writ Petition Nos.1824 34/88, 2347 2359/88 in the High Court of Madras praying that the Department should be impleaded as a party in the aforesaid appeals which had been filed by the Land Revenue Authorities and there should be a stay with regard to the direction which had been issued requiring the deposit of the enhanced amount.
The aforesaid writ petitions, along with a number of similar petitions filed by other Central Government Departments and organisations were heard by the High Court and the impugned judgment and order dated 28.4.1989, the High Court held that the Requisitioning Department in land acquisition cases companyld number be companysidered an interested party in the cases and, therefore, should number be impleaded as a party.
These writ petitions were admitted and interim orders were passed staying the operation of the awards decrees of enhanced companypensation which had been passed.
Pursuant to the issuance of the aforesaid Notification under Section 4 of the Act, further proceedings were taken and the Land Acquisition Officers awarded Rs.10 per cent of land as companypensation apart from the companypensation for standing trees, crops etc.
Against the aforesaid judgment of the Subordinate Court dated 31.1.1986, enhancing the companypensation, the Special Tehsildar filed appeals in the High Court of Madras.
On this application being rejected by the Reference Court, an appeal was filed and this Court, while reversing the order of the High Court, allowed the application of the Union of India for impalement and held that it was entitled to file an appeal in the High Court against the judgment of the Reference Court.
Accordingly, Notification under Section 4 of the Land Acquisition Act hereinafter referred to as the Act was issued by the Governor of Tamil Nadu on 3.11.1982.
Dissatisfied with the award, the land owners filed application requiring Reference under Section 18 of the Act.
Consequent to the expansion of space programmes certain additional lands at the southern tip of Sri Harikota Islands in the Marimanal village in Pooneri Taluka Chengai Anna District, Tamil Nadu, were acquired.
The short facts leading to these appeals are as under For the Rocket Launching Station located at Sri Hari Kota of Indian Space Research Organisation, Department of Space, Government of India, an area of about 37,792 acres of land was acquired sometimes in 1970s.
Inasmuch as the lands were acquired by the Union of India and the companypensation to be paid was to be borne by the Department of Space, the State Revenue Authorities urged the Space Department to deposit the enhanced companypensation amounts in the Court.
The said References were heard by the Subordinate Court at Tiruvllur and the amount of companypensation was substantially increased and it ranged from Rs.100/ to Rs.180/ per cent of land.
For the purpose of acquiring the aforesaid lands, the Department of Space, Government of India approached the State of Tamil Nadu.
KIRPAL, J Leave granted.
The extent of these lands, with which we are companycerned, was about 5394 acrea.
