Madras High Court
M.Anandhan vs The State Of Tamilnadu on 8 December, 2021
W.P.No.23047 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.23047 of 2019
and W.M.P.No.22735 of 2019
1. M.Anandhan
2. M.Bhuvaneswari
3. M.Jagadesan
4. G.Parimala ... Petitioners
-Vs-
1. The State of TamilNadu,
Rep. By the Secretary to Government,
Housing and Urban Development Department,
Fort St.George,
Chennai-9.
2. The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandhanam,
Chennai-600 035.
3. The Special Tahsildar-II,
(Land Acquisition)
Tamil Nadu Housing Board Scheme,
Nandanam,
Chennai-35. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 11
W.P.No.23047 of 2019
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondents 1
and 2 to pay compensation for the land in Survey No.64/1, Sevvapet Village,
Thiruvallur Taluk and District to an extent of 0.71 Acres in which preliminary
works are being initiated now as per the New Act namely “The Right to Fair
compensation and Transparency in Land Acquisition Rehabilitation and
Resettlement Act 2013” and also to reconvey the remaining extent of 0.67
Acres situated in Survey No.62/1, Sevvapet Village, Thiruvallur Taluk and
District or in the alternative at least to pay compensation for the lands to an
extent of 0.67 Ares situated in Survey No.62/1, Sevvapet Village, Thiruvallur
Taluk and District as per the New Act.
For Petitioners : Mr.A.R.Suresh
For R1 and R3 : Mr.G.Ameendius
Government Advocate.
For R2 : Mr.M.Baskar
Standing Counsel
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the respondents 1 and 2 to pay compensation for the land
in Survey No.64/1, Sevvapet Village, Thiruvallur Taluk and District to an
extent of 0.71 Acres in which preliminary works are being initiated now as per
the New Act namely “The Right to Fair compensation and Transparency in
Land Acquisition Rehabilitation and Resettlement Act 2013” and also to re-
convey the remaining extent of 0.67 Acres situated in Survey No.62/1,
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W.P.No.23047 of 2019
Sevvapet Village, Thiruvallur Taluk and District or in the alternative at least to
pay compensation for the lands to an extent of 0.67 Ares situated in Survey
No.62/1, Sevvapet Village, Thiruvallur Taluk and District as per the New Act.
2. Heard Mr.A.R.Suresh, learned counsel appearing for the
petitioners, Mr.G.Ameendius, learned Government Advocate appearing for the
respondents 1 and 3 and Mr.M.Baskar, learned Standing Counsel appearing for
the second respondent.
3. The first respondent proposed to acquire certain lands in Sevvapet
Village, including the land owned by the petitioners comprised in Survey
No.62/1 to an extent of 71 cents and the land comprised in Survey No.64/1 to
an extent of 67 cents in total 1.38 acres vide the Tamil Nadu Government
Gazette Extraordinary Notification No.529 dated 20.08.1987 for the formation
of Sevvapettai Railway Station Scheme. The Third respondent had issued
proceedings in Form No.7 as contemplated under Section 9(3) and 10 of the
Land Acquisition Act, 1894, dated 09.01.1989. The first petitioner appeared
before the third respondent on 02.02.1989 and submitted a representation.
Though some of the lands were exempted from the acquisition, the objections
raised by the petitioners were not considered and as such the petitioners
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W.P.No.23047 of 2019
approached this Court challenging the acquisition proceedings in W.P.No.6751
of 1990. Because of the pendency of the writ petition, neither the
compensation amount was deposited in the Court nor any reference was made
to the Court for the determination of the quantum of compensation. However,
the said writ petition was dismissed on 04.04.1996. Therefore, the petitioners
made representation to re-convey the subject land. Since, no action was taken
on the representation submitted by the petitioners, the petitioners approached
this Court in W.P.No.2929 of 2003 and this Court directed the respondents to
consider their representation by an order dated 30.01.2003. By an order dated
23.05.2003, the first respondent rejected the request made by the petitioners.
Though, the petitioners did not challenge the rejection of re-conveyance
request, the petitioners repeatedly made representations to consider their
request, since, the petitioners are in possession and enjoyment of the subject
property.
4. The learned counsel for the petitioners would submit that the
compensation amount admittedly deposited only on 29.02.2012. As per
Section 24(2) of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioners are
entitled for compensation under the 24(2) of the Right to Fair Compensation
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W.P.No.23047 of 2019
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013, in respect of the subject property which were acquired by the
respondents.
5. In support of his contentions, he relied upon the judgment reported
in (2020) 8 SCC 129 in the case of Indore Development Authority Vs.
Manoharlal and ors etc.,
6. The second respondent filed counter and revealed that the proposal
for acquisition of patta lands to an extent of 147.16 acres in Sevvapettai
Village, for the formation of Sevvapettai Railway Station Scheme was initiated
in the year 1981. The notification under Section 4(1) of the Land Acquisition
Act, 1894 was approved by the Government in G.O.No.605, dated 02.08.1984
and published on 22.08.1984. After completion of the acquisition proceedings,
the award was passed by the Land Acquisition Officer in Award No.8 of 1989
on 19.08.1989. After acquisition of the subject land and Award dated
19.08.1989, the notice as contemplated under Section 12(2) of the Land
Acquisition Act, 1894 was served to the previous land owner thereby called
upon them to receive compensation at Rs.42,304/- (Rupees Forty Two
Thousand Three Hundred and Four only).
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W.P.No.23047 of 2019
7. Thereafter, the entire revenue records were mutated in the name of
the Tamil Nadu Housing Board and patta was also issued in Patta No.2259.
Therefore, the compensation amount in respect of the subject land is kept under
the Revenue Deposit and the petitioners are at liberty to receive the
compensation from the Land Acquisition Officer on production of
Documentary evidences. In fact, the entire land which was acquired including
the land comprised by the DTCP vide LP/DTCP No.426/1992 and Sevvapet
Ph-1 NH scheme, consisting of 511 dwelling units under the categories LIG,
MIG and HIG have been constructed and allotted to the general public.
Further, the sale deeds were also executed in their favour. In respect of the
subject lands are concerned, the same was earmarked as land bank area in the
said approval layout for providing shelter to the houseless poor and it got
approved by DTCP in two parts layout vide LP/DTCP No.118/2014 and
23/2016 for construction of 11 MIG houses and 13 open plots developed there
on the lands were also allotted to the public and there is no land lying ideal
without any utilization.
8. Therefore, the question of re-conveyance does not arise. In fact,
already the petitioners' request was rejected and they failed to challenge the
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W.P.No.23047 of 2019
same. Insofar as the compensation in respect of the subject property is
concerned, it was deposited under the Revenue Deposit on 29.02.2012 only,
though, the award was passed on 19.08.1989. The respondents also produced
the receipt for the deposit of compensation amount by the Challan No.712,
dated 29.02.2012.
9. In this regard, the learned counsel for the petitioners relied upon
the judgment reported in (2020) 8 SCC 129 in the case of Indore Development
Authority Vs. Manoharlal and ors etc., is extracted here under:-
"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
the "landowners" as on the date of notification for
land acquisition under Section 4 of the Act of 1894."
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W.P.No.23047 of 2019
10. Accordingly, if the compensation has not been deposited, the land
owners as on the date of notification for land acquisition under Section 4 of the
Land Acquisition Act, 1894, shall be entitled for compensation in accordance
with the provisions of the 24(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Therefore, the petitioners are entitled for compensation under the 24(2) of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, for the subject land acquired from
the petitioners.
11. In view of the above, the third respondent is directed to award
compensation under the 24(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
for the subject property comprised in Survey No.64/1, to an extent of 0.71
Acres, Sevvapet Village, Thiruvallur Taluk and District and the land comprised
in Survey No.62/1 to an extent of 0.67 acres situated at Sevvapet Village,
Thiruvallur Taluk and District, within a period of six weeks from the date of
receipt of a copy of this order.
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W.P.No.23047 of 2019
12. On the disbursal of the compensation amount, the petitioners are
directed to handover the physical possession of the subject property forthwith.
13. With the above directions, this writ petition is disposed of.
Consequently, connected Miscellaneous petition is closed. There shall be no
order as to costs.
08.12.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.23047 of 2019
To
1. The Secretary to Government,
The State of TamilNadu,
Housing and Urban Development Department,
Fort St.George,
Chennai-9.
2. The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandhanam,
Chennai-600 035.
3. The Special Tahsildar-II,
(Land Acquisition)
Tamil Nadu Housing Board Scheme
Nandanam,
Chennai-35
https://www.mhc.tn.gov.in/judis
W.P.No.23047 of 2019
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.23047 of 2019
and W.M.P.No.22735 of 2019
08.12.2021
https://www.mhc.tn.gov.in/judis
