Madras High Court
N.Rajeswari vs The State Of Tamil Nadu on 31 August, 2021
W.P.No.21549 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.21549 of 2017
and
W.M.P.No.22626 of 2017 and W.M.P.No.29734 of 2018
N.Rajeswari ... Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by its Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St.George, Secretariat,
Chennai – 600 009.
2. The Chairman and Managing Director,
Municipal Administration & Water Supply Department,
Chepauk,
Chennai – 600 005.
3. The District Collector,
Coimbatore District,
Coimbatore.
4. The Corporation of Coimbatore,
Represented by its Commissioner,
Office of the Corporation of Coimbatore,
Coimbatore.
5. The District Revenue Officer,
Coimbatore District,
Coimbatore.
1/13
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W.P.No.21549 of 2017
6. The Revenue Divisional Officer,
Coimbatore (South), State Bank Road,
Coimbatore.
7. The Tahsildar,
Madukkarai Taluk,
Coimbatore District.
8. The Special Tahsildar (LA),
Coimbatore Water Supply Scheme,
Coimbatore. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of declaration, to declare that the entire acquisition proceedings
initiated by the first respondent culminating in award No.14/1985 dated
19.12.1985 passed by the eighth respondent in respect of lands comprised in
Survey Nos.655/1A & 657/1 ad-measuring about 4.32 acres in Vellalur Village,
Coimbatore District as lapsed by operation of law in view of Section 24(2) of
the Rights to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
For Petitioner : No Appearance
For Respondents : Mr.M.R.Gokul Krishnan
Government Advocate
(for R-1, R-3 R-5 to R-8)
: Mr.K.Magesh
Standing Counsel (for R-4)
2/13
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W.P.No.21549 of 2017
ORDER
This petition has been filed to declare that the entire acquisition
proceedings initiated by the first respondent culminating in Award No.14/1985
dated 19.12.1985 passed by the eighth respondent in respect of lands
comprised in Survey Nos.655/1A & 657/1, ad-measuring about 4.32 acres in
Vellalur Village, Coimbatore District, as lapsed by operation of law, in view of
Section 24(2) of the Rights to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to
as 'the New Act' for short).
2. The case of the petitioner is that her father owned the properties
comprised in S.Nos.655/1A, 657/1 ad-measuring 4.32 acres situated at Vellalur
Village, Coimbatore Taluk. While that being so, the first respondent initiated
acquisition proceedings and issued Notification under Section 4(1) of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) for the
purpose of constructing a sewerage farm. However, even after a lapse of 30
years, the respondents have not taken possession of the lands and they have
not used the said lands for the purpose for which they were acquired.
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W.P.No.21549 of 2017
Therefore, after the New Act, the petitioner challenged the entire acquisition
proceedings on the ground that the possession of the subject properties had not
been taken even till today. The petitioner is not paid any compensation for the
acquisition land. Therefore, the entire acquisition proceedings have lapsed as
per Section 24(2) of the New Act.
3. The fourth respondent filed Counter and stated that about 657 acres of
lands in Vellalur and Kurinchi Villages of Madukkarai Taluk, Coimbatore
District, were acquired by the Special Tahsildar (l.A), Coimbatore, the eighth
respondent herein during the years 1981 to 1986 for the purpose of Sewerage
Farm and construction of Sewerage Treatment Plant to Coimbatore
Corporation. The work was administratively sanctioned by the Government in
G.O.Ms.No.107, R.D. & L.A. Department, dated 23.01.1980. The extent
acquired had been split upto 18 blocks for submission of draft Notification
under Section 4(1) of the Act. Subsequently, after due enquiry, the eighth
respondent passed awards on various dates and the compensation amount was
also deposited into the Civil Court and some of the land owners have also
received the award amounts from the Special Tahsildar (L.A). The possession
of the acquired lands were also handed over to the Tamil Nadu Water Supply
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W.P.No.21549 of 2017
and Drainage Board on 10.11.1986 and 06.12.1986 by the Special Tahsildar
(L.A). The Tamil Nadu Water Supply and Drainage Board, in turn handed over
the possession to the Coimbatore Corporation on 09.10.1988 and at present,
the Coimbatore Corporation is in possession of the entire lands and the
Coimbatore Corporation also obtained patta in their favour, vide patta No.700
and the Corporation is enjoying the same.
4. Heard M.R.Gokul Krishnan, learned Government Advocate appearing
for the respondents 1, 3 5 to 8 and Mr.K.Magesh, learned Standing Counsel
appearing for the fourth respondent.
5. The grounds raised by the petitioner in this Writ Petition have already
been settled by the Hon'ble Supreme Court of India in the judgment reported
in (2020) 8 SCC 129 in the case of Indore Development Authority Vs.
Manoharlal and ors etc., which 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 1.1.2014 the date of
commencement of Act of 2013, there is no lapse of
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W.P.No.21549 of 2017
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 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
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W.P.No.21549 of 2017
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 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.
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W.P.No.21549 of 2017
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
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.
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., 1.1.2014. It does
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W.P.No.21549 of 2017
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.”
6. The Hon'ble Supreme Court of India settled all proposition of law in
the above judgment including the grounds raised by the petitioner. Admittedly,
the Writ Petition has been filed after 30 years of the acquisition of the lands.
The award has been passed in the year 1985 and the possession of the acquired
lands were also handed over to the Tamil Nadu Water Supply and Drainage
Board on 10.11.1986 and 06.12.1986 by the Special Tahsildar (L.A). The
Tamil Nadu Water Supply and Drainage Board, in turn, handed over the
possession to the Coimbatore Corporation on 09.10.1988 itself. The
compensation amount was also deposited in the Civil Court. Therefore, the
petitioner 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 above dictum laid down by the Hon'ble Supreme Court of India,
the issues raised by the petitioner was settled and therefore, the acquisition
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W.P.No.21549 of 2017
proceedings had not 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, the writ petition is devoid of merits and liable to be dismissed.
7. In the result, the Writ Petition stands dismissed. Consequently, the
connected Miscellaneous Petitions are closed. No costs.
31.08.2021
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Index : Yes / No
Speaking / Non Speaking order
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To
1. The Secretary to Government,
The State of Tamil Nadu,
Municipal Administration & Water Supply Department,
Fort St.George, Secretariat,
Chennai – 600 009.
2. The Chairman and Managing Director,
Municipal Administration & Water Supply Department,
Chepauk,
Chennai – 600 005.
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W.P.No.21549 of 2017
3. The District Collector,
Coimbatore District,
Coimbatore.
4. The Commissioner,
The Corporation of Coimbatore,
Office of the Corporation of Coimbatore,
Coimbatore.
5. The District Revenue Officer,
Coimbatore District,
Coimbatore.
6. The Revenue Divisional Officer,
Coimbatore (South), State Bank Road,
Coimbatore.
7. The Tahsildar,
Madukkarai Taluk,
Coimbatore District.
8. The Special Tahsildar (LA),
Coimbatore Water Supply Scheme,
Coimbatore.
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W.P.No.21549 of 2017
G.K.ILANTHIRAIYAN, J.
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W.P.No.21549 of 2017
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W.P.No.21549 of 2017
31.08.2021
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