Madras High Court
E.Manickam vs The State Of Tamil Nadu on 12 August, 2021
W.P.No.12090 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.12090 of 2016 and W.M.P.No.10459 of 2016
1.E.Manickam
2.E.Velusamy
3.A.Chandrasekaran
4.Amudhavalli
5.Loganayagi
6.Vijayarani
7.A.Murugesan ... Petitioners
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai - 600 009.
2.The Managing Director,
Tamil Nadu Housing Board, Nandanam,
Anna Salai, Chennai - 600 035.
3.The Administrative Officer / Executive Engineer,
Tamil Nadu Housing Board, Ayyanthirumaligai,
Salem - 7.
4.The Special Tahsildar,
Land Acquisition Neighbourhood Scheme,
O/o. Tamil Nadu Housing Board,
Ayyanthirumaligai, Salem - 7. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis/
W.P.No.12090 of 2016
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Certiorari to call for the entire records relating to the
impugned G.O.Ms.No.755 Housing and Urban Development Department,
dated 04.09.1981 issued by the 1st respondent and consequential under
Section 6 Declaration published in G.O.Ms.No.608, Housing and Urban
Development Department, dated 03.08.1984 issued by the 1st respondent
and quash the same, since, as per Section 24(2) of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013), the entire acquisition proceedings
become lapsed.
For Petitioners : Mr.C.Prakasam
For Respondents : Mr.Richardson Wilson,
1 and 4 Government Advocate
For Respondents : Mr.I.Sathish standing counsel
2 and 3
**********
ORDER
This Writ Petition is filed seeking to issue a Writ of Certiorari to call
for the entire records relating to the impugned G.O.Ms.No.755 Housing and
Urban Development Department, dated 04.09.1981 issued by the 1st
respondent and consequential under Section 6 Declaration published in
G.O.Ms.No.608, Housing and Urban Development Department, dated
03.08.1984 issued by the 1st respondent and quash the same, since, as per
Section 24(2) of Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), the
entire acquisition proceedings become lapsed.
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W.P.No.12090 of 2016
2. The petitioners challenged the Acquisition proceedings on the
ground that the compensation was not paid to the petitioners, the physical
possession of the subject property was not taken and as such, the entire
proceedings are vitiated and as contemplated under Section 24(2) of the Act.
3. A perusal of the counter revealed that the draft Declaration under
Section 6 of the Land Acquisition Act 1894 was approved in
G.O.Ms.No.608 Housing and Urban Development Department dated
03.08.1984 and the same was published on 16.08.1984. Some of the land
owners filed a writ petition before this Court challenging the acquisition
proceedings totalling to an extent of 7.14 acres, which is covered by order
of stay. For the balance extent of 30.07 acres, Section 6 of the Land
Acquisition Act was approved. Further, the Notices under Sections 9(1) and
10 and 9(3) and 10 were issued to the land owners and an enquiry was
conducted on 12.09.1986 at the Panchayat Office, Periyagollapatti. Then,
the award was passed in Award No.11/1986-1987 dated 19.09.1986 by the
Land Acquisition Special Tahsildar, Neighbourhood Scheme, Salem. As
per the award, this land in S.No.100/1B measuring an extent of 1.22 acres
was registered in the name of Elumalai Gounder under patta No.287.
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W.P.No.12090 of 2016
4. After passing the award and award proceedings, the compensation
amount of Rs.1,34,431/- for S.No.100/1B measuring an extent of 1.22 acres
was deposited in the Subordinate Court, Salem under Sections 30 and 31(2)
of the Land Acquisition Act in L.A.O.P.No.174 of 1988. The possession of
the acquired land was taken over by the Land Acquisition Special Tahsildar,
Salem on 26.02.2009 and it was handed over to the Tamil Nadu Housing
Board, Salem Housing Unit, Salem. The pattas in the acquired lands were
also transferred in the name of Tamil Nadu Housing Board, Salem Housing
Unit its Executive Engineer and Administrative Officer under patta No.446
by the Revenue Department, Salem.
5. That apart, the petitioners already filed writ petition in W.P.No.
12773 of 1986 challenging the acquisition proceedings and the same was
dismissed by this Court by an order dated 20.11.1997. Aggrieved by the
same, the petitioners also filed writ appeal in W.A.No.1741 of 1988 and the
same was also dismissed by an judgment dated 05.11.2008. After
commencement of the new Act, the present writ petition has been filed
under Section 24(2) of the New Act.
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W.P.No.12090 of 2016
6. In this regard, the Hon'ble Supreme Court of India reported in
(2020) 8 SCC 129 (Indore Development Authority -vs- Manoharlal and
Others), held as follows :
"366. In view of the aforesaid discussion,
we answer the questions as under:
366.1. Under the provisions of Section
24(1)(a) in case the award is not made as on
1.1.2014 the date of commencement of Act of
2013, there is no lapse of proceedings.
Compensation has to be determined under the
provisions of Act of 2013.
366.2. In case the award has been passed
within the window period of five years excluding
the period covered by an interim order of the
court, then proceedings shall continue as
provided under Section 24(1)(b) of the Act of 2013
under the Act of 1894 as if it has not been
repealed.
366.3. The word ‘or’ used in Section 24(2)
between possession and compensation has to be
read as ‘nor’ or as ‘and’. The deemed lapse of
land acquisition proceedings under Section 24(2)
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W.P.No.12090 of 2016
of the Act of 2013 takes place where due to
inaction of authorities for five years or more prior
to commencement of the said Act, the possession
of land has not 317 been taken nor compensation
has been paid. In other words, in case possession
has been taken, compensation has not been paid
then there is no lapse. Similarly, if compensation
has been paid, possession has not been taken then
there is no lapse.
366.4. The expression 'paid' in the main
part of Section 24(2) of the Act of 2013 does not
include a deposit of compensation in court. The
consequence of non-deposit is provided in proviso
to Section 24(2) in case it has not been deposited
with respect to majority of land holdings then all
beneficiaries (landowners) as on the date of
notification for land acquisition under Section 4
of the Act of 1894 shall be entitled to
compensation in accordance with the provisions
of the Act of 2013. In case the obligation under
Section 31 of the Land Acquisition Act of 1894
has not been fulfilled, interest under Section 34 of
the said Act can be granted. Non-deposit of
compensation (in court) does not result in the
lapse of land acquisition proceedings. In case of
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W.P.No.12090 of 2016
non-deposit with respect to the majority of
holdings for five years or more, compensation
under the Act of 2013 has to be paid to the
"landowners" as on the date of notification for
land acquisition under Section 4 of the Act of
1894.
366.5. In case a person has been tendered
the compensation as provided under Section 31(1)
of the Act of 1894, it is not open to him to claim
that acquisition has lapsed under Section 24(2)
due to non-payment or 318 non-deposit of
compensation in court. The obligation to pay is
complete by tendering the amount under Section
31(1). Land owners who had refused to accept
compensation or who sought reference for higher
compensation, cannot claim that the acquisition
proceedings had lapsed under Section 24(2) of the
Act of 2013.
366.6. The proviso to Section 24(2) of the
Act of 2013 is to be treated as part of Section
24(2) not part of Section 24(1)(b).
366.7. The mode of taking possession under
the Act of 1894 and as contemplated under
Section 24(2) is by drawing of inquest report/
memorandum. Once award has been passed on
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W.P.No.12090 of 2016
taking possession under Section 16 of the Act of
1894, the land vests in State there is no divesting
provided under Section 24(2) of the Act of 2013,
as once possession has been taken there is no
lapse under Section 24(2).
366.8. The provisions of Section 24(2)
providing for a deemed lapse of proceedings are
applicable in case authorities have failed due to
their inaction to take possession and pay
compensation for five years or more before the
Act of 2013 came into force, in a proceeding for
land acquisition pending with concerned authority
as on 1.1.2014. The period of subsistence of
interim orders passed by court has to be excluded
in the computation of five years.
366.9. Section 24(2) of the Act of 2013 does
not give rise to new cause of action to question the
legality of concluded proceedings of land 319
acquisition. Section 24 applies to a proceeding
pending on the date of enforcement of the Act of
2013, i.e., 1.1.2014. It does not revive stale and
time-barred claims and does not reopen
concluded proceedings nor allow landowners to
question the legality of mode of taking possession
to reopen proceedings or mode of deposit of
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W.P.No.12090 of 2016
compensation in the treasury instead of court to
invalidate acquisition."
7. The points raised in this writ petition were already answered by the
Hon'ble Supreme Court of India. In view of the same, this writ petition is
dismissed as devoid of merits.
8. With the above observations, this writ petition stands dismissed.
Consequently, connected miscellaneous petition is dismissed. No order as
to costs.
12.08.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
1.The Secretary to Government, Housing and Urban Development
Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Housing Board, Nandanam,
Anna Salai, Chennai - 600 035.
3.The Administrative Officer / Executive Engineer, Tamil Nadu Housing
Board, Ayyanthirumaligai, Salem - 7.
4.The Special Tahsildar, Land Acquisition Neighbourhood Scheme,
O/o. Tamil Nadu Housing Board, Ayyanthirumaligai, Salem - 7.
https://www.mhc.tn.gov.in/judis/
W.P.No.12090 of 2016
G.K.ILANTHIRAIYAN. J,
rna
W.P.No.12090 of 2016
and W.M.P.No.10459 of 2016
12.08.2021
https://www.mhc.tn.gov.in/judis/
