II”, Coimbatore. The draft notification under Section 4(1) of the Land Acquisition Act was approved in G.O.Ms.No.671, Housing and Urban Development Department, dated 31.07.1995 and published in the Tamil Nadu Government Gazette dated 13.09.1995. The enquiry under Section 5A of the Land Acquisition Act, 1894 was conducted by the Special Tahsildar (LA) i.e., the second respondent herein. However, according to the petitioner, the 5A enquiry conducted by the second respondent, who has not duly authorised by way of notification. The authorised person to conduct 5A enquiry is Special Tahsildar (Land Acquisition), Housing Scheme, Unit – III. Except the said person no other person authorised by way of notification by the Government, can perform the functions of Collector to conduct 5A enquiry. The notification under Section 4(1) of the Land Acquisition Act was approved in G.O.Ms.No.671, Housing and Urban Development Department published only in Thinathani on 15.09.1995 and Pirpagal on 16.09.1995, widely circulated in the locality. The public notice of the substance of 4(1) notification was not effected as contemplated under the Act. The requisitioning body Tamil Nadu Housing Board in a representation manner to all the objections sending remarks dated 04.03.1996 to the Land Acquisition authority. After receipt of the remarks no further enquiry was conducted by the Land Acquisition Officer, after receiving the objections received from the petitioners particulars from 18.03.1996.
