Madras High Court
B.Vidhya vs The Secretary To Government on 25 August, 2021
WP.Nos.15206 to 15208 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.08.2021
Coram:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos. 15206 to 15208 of 2016
and W.M.P.Nos.13254 to 13256 of 2016
B.Vidhya ... Petitioner in
W.P.No.15206 of 2016
Vasantha ... Petitioner in
W.P.No.15207 of 2016
Parvathi ... Petitioner in
W.P.No.15208 of 2016
Vs.
1.The Secretary to Government,
Transport Department,
Fort St.George,
Chennai – 600 009.
2.The Chairman,
Madras Port Trust,
Chennai – 600 001.
3.The Chairman,
Ennore Port Trust,
Chennai.
1/10
https://www.mhc.tn.gov.in/judis/
WP.Nos.15206 to 15208 of 2016
4.The Land Acquisition Officer/
Revenue Divisional Officer,
Ponneri,
Tiruvallur District ... Respondents in all W.Ps
Prayer in W.P.No.15206 of 2016 : Writ Petition filed under Article 226 of
the Constitution of India to issue a writ of declaration declaring that the entire
land acquisition proceedings initiated under the Land Acquisition Act, 1894,
in respect of the lands belonging to the petitioner comprised in S.No.721, to
an extent of acres 0.95 cents situated at Vallur Village, Ponneri Taluk,
Tiruvallur District as lapsed in view of Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
Prayer in W.P.No.15207 of 2016 : Writ Petition filed under Article 226 of
the Constitution of India to issue a writ of declaration declaring that the entire
land acquisition proceedings initiated under the Land Acquisition Act, 1894,
in respect of the lands belonging to the petitioner comprised in S.No.766, 767
and 768/1 to an extent of 0.55 cents, 0.16 cents and 1.40 acres respectively
total extent of 2.11 acres situated at Vallur Village, Ponneri Taluk, Tiruvallur
District as lapsed in view of Section 24(2) of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
https://www.mhc.tn.gov.in/judis/
WP.Nos.15206 to 15208 of 2016
Prayer in W.P.No.15208 of 2016 : Writ Petition filed under Article 226 of
the Constitution of India to issue a writ of declaration declaring that the entire
land acquisition proceedings initiated under the Land Acquisition Act, 1894,
in respect of the lands belonging to the petitioner comprised in S.No.735 to
an extent of acres 0.65 cents situated at Vallur Village, Ponneri Taluk,
Tiruvallur District as lapsed in view of Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
For Petitioner in all W.Ps : Mr.S.Sivakumar
For R1 & R4 in all W.Ps : Mr.Richardson Wilson,
Government Advocate
For R2 : No appearance
For R3 in all W.Ps : Mr.Krishna Ravichandran
COMMON ORDER
These writ petitions have been filed to issue a writ of declaration,
declaring that the land acquisition proceedings in respect of the petitioners'
properties as lapsed by virtue of Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 i.e., Act 30 of 2013 (herein after called as “the New
Act”).
2. Heard, Mr.S.Sivakumar, the learned counsel for the petitioners,
Mr.Richardson Wilson, the learned Government Advocate appearing for the
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WP.Nos.15206 to 15208 of 2016
respondents 1 & 4, and Mr.Krishna Ravichandran, the learned counsel
appearing for the third respondent. None appeared on behalf of the second
respondent.
3. The grounds raised by the petitioners in these writ petitions have
already been settled by the Hon'ble Supreme Court of India in the case of
Indore Development Authority Vs. Manoharlal and others etc reported in
2020 8 SCC 129, wherein it is held as follows:
366. In view of the aforesaid discussion, we answer
the questions as under:
1. Under the provisions of Section 24(1)(a) in case the
award is not made as on 1.1.2016 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.
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.
3. The word or used in Section 24(2) between
possession and compensation has to be read as nor or as
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WP.Nos.15206 to 15208 of 2016
and. The deemed lapse of land acquisition proceedings
under Section 24(2) 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 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.
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 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
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WP.Nos.15206 to 15208 of 2016
the "landowners" as on the date of notification for land
acquisition under Section 4 of the Act of 1894.
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 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.
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).
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 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).
8. The provisions of Section 24(2) providing for a
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WP.Nos.15206 to 15208 of 2016
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
1.1.2016. The period of subsistence of interim orders passed
by court has to be excluded in the computation of five years.
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 acquisition. Section 24 applies to a
proceeding pending on the date of enforcement of the Act of
2013, i.e., 1.1.2016. 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
compensation in the treasury instead of court to invalidate
acquisition.
4. The Hon'ble Supreme Court of India settled all proposition of
law in the above judgment including the grounds raised by the petitioners.
That apart, the subject land was acquired for the purpose of construction of
staff quarters for Madras Port Trust from small farmers. The award has been
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WP.Nos.15206 to 15208 of 2016
passed in Award No. 1 of 1999 dated 04.06.1999 itself. The acquisition
proceedings have been completed and the subject land was taken over by the
government and the possession was handed over to Kamarajar Port Ltd., on
08.03.2005 and patta was also stands in the name of the third respondent
herein. Further the compensation amount was kept in the Civil Court deposit
as awarded by the Land Acquisition Officer. Therefore, the petitioners failed
to satisfy the twin requirements under Section 24 (2) of the New Act i.e., the
physical possession of the land was not taken and the compensation has not
been paid/tendered/deposited in accordance with law. In view of the dictum
laid down by the Hon'ble Supreme Court of India, the issues raised by the
petitioners were settled and therefore, the acquisition proceedings have not
been lapsed by operation of law under Section 24 (2) of the New Act i.e.,
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013. In view of the settled position of
law, these writ petitions are devoid of merits and liable to be dismissed.
5. In the result, these Writ Petitions stand dismissed.
Consequently, connected miscellaneous petitions are closed. There shall be
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WP.Nos.15206 to 15208 of 2016
no order as to costs.
25.08.2021
Speaking Order/Non Speaking Order
Index : Yes / No
Internet : Yes
Lpp
To
1.The Secretary to Government,
Transport Department,
Fort St.George,
Chennai – 600 009.
2.The Chairman,
Madras Port Trust,
Chennai – 600 001.
3.The Chairman,
Ennore Port Trust,
Chennai.
4.The Land Acquisition Officer/
Revenue Divisional Officer,
Ponneri,
Tiruvallur District
G.K.ILANTHIRAIYAN, J.
Lpp
https://www.mhc.tn.gov.in/judis/
WP.Nos.15206 to 15208 of 2016
W.P.Nos. 15206 to 15208 of 2016
and W.M.P.Nos.13254 to 13256 of 2016
25.08.2021
https://www.mhc.tn.gov.in/judis/
