Skip to main content

Publication of an intended acquisition in little known newspapers may amount to a fraud

In W.P. No 2230 of 2021, the Madras High Court referred unfavourably to the practise of publishing notifications in less known newspapers. In this W.P., the court was specifically looking into the matter of notification of acquisition is published in a certain aaily called 'Trinity Mirror', which is said to have wide circulation in Hosur Taluk.

The High Court observed that not only the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, even the State Enactments on the land acquisition require newspaper publication atleast in one English and one Vernacular newspapers having wide circulation in that locality. The point here is, while the word 'locality' is not defined, whether it will mean a particular village where the property is situated, or the Taluk or the District concerned. Secondly, it is not known whether this daily 'Trinity Mirror' has such wide circulation throughout the District, and what is the need to opt for this daily when there are other popular newspapers with greater circulation. Thirdly, whether circulation implies mere sale of number of copies of the newspaper, or does it amount to readership. If the intent of the statute is to ensure that the notification of an intended acquisition reaches as many people in the locality as possible, then it can only signify the readership, and not the sale of newspaper copies.

Referring to judgments of the Supreme Court and other courts in Special Deputy Collector, Land Acquisition, CMDA Vs. J.Sivaprakasam and Others, Tamil Nadu Housing Board Vs. S.Doraisamy,Kolammal (deceased by L.Rs) & Anr. Vs. State of Tamil Nadu & Ors., N.Chelladurai Vs. Government of Tamil Nadu, the High Court held that the courts have frowned upon the practice of causing paper publication in less known newspaper with least known circulation in a locality. To opt for publication of an intended acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens.


Comments

Post a Comment

Most viewed this month

Appellate authorities under Special Statutes cannot be asked to condone delay

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitation A Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the condone delay petition filed by the petitioner to condone 223 days in filing the appeal before the Commissioner of Service Tax (Appeals). Article referred: http://www.livelaw.in/appellate-authorities-special-statutes-cannot-asked-condone-delay-beyond-extended-period-limitation-madras-hc/
Post a Comment
Read more

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...
Post a Comment
Read more

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...
Post a Comment
Read more