Madras High Court
Palaniammal vs The State Of Tamil Nadu on 20 October, 2021
W.P.Nos.31197, 31198 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.31197, 31198 of 2016
and W.M.P.Nos.27073, 27074 of 2016
1.Palaniammal
2.V.P.Dhamodharan
3.Jayamani ... Petitioners in W.P.No.31197 of 2016
1.K.Rayappan
2.Thulasiammal
3.V.R.Velusamy
4.V.R.Konaiyan
5.R.Manickam
6.Saraswathi ... Petitioners in W.P.No.31198 of 2016
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary to Government
Revenue Department,
Fort St. George,
Chennai - 600 009.
2.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development & Panchayatraj Department,
1/15
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W.P.Nos.31197, 31198 of 2016
Fort St. George,
Chennai - 600 009.
3.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St. George,
Chennai - 600 009.
4.The Chairman and Managing Director,
Municipal Administration & Water Supply Department,
Chepauk, Chennai - 600 005.
5.The District Collector,
Collectorate Complex,
Coimbatore District,
Coimbatore.
6.The District Revenue Officer,
Coimbatore District,
Coimbatore.
7.The Revenue Divisional Officer,
Coimbatore.
8.The Commissioner,
Corporation of Coimbatore,
Coimbatore.
9.The Executive Engineer,
Execution Division,
Tamil Nadu Water Supply & Drainage Board,
Coimbatore.
2/15
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W.P.Nos.31197, 31198 of 2016
10.The Tahsildar,
Madukkarai Taluk,
Coimbatore District.
11.The Special Tahsildar (L.A.)
Coimbatore Water Supply Scheme,
Coimbatore. ... Respondents in both WP's
Prayer in W.P.No.31197 of 2016 : Writ Petition has been filed under Article
226 of the Constitution of India, to issue a Writ of Declaration, declaring the
Land Acquisition proceedings initiated under Section 4(1) of the Land
Acquisition Act, 1894 in respect of land comprised in Survey Nos.639/2 &
639/3, measuring an extent of 1.88 Acres out of 3.76 Acres, situated at
Vellalore Village, Madukkarai Taluk, Coimbatore District, deemed to have
lapsed in view of Section 24(2) of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(30 of 2013).
Prayer in W.P.No.31198 of 2016 : Writ Petition has been filed under Article
226 of the Constitution of India, to issue a Writ of Declaration, declaring the
Land Acquisition proceedings initiated under Section 4(1) of the Land
3/15
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W.P.Nos.31197, 31198 of 2016
Acquisition Act, 1894 in respect of land comprised in Survey No.659,
measuring an extent of 3.79 Acres, situated at Vellalore Village, Madukkarai
Taluk, Coimbatore District, deemed to have lapsed in view of Section 24(2)
of Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013).
For Petitioners : Mr.S.Jayakumar
in both WP's
For Respondents : Mr.M.R.Gokul Krishnan,
1 to 3, 5 to 7, 10, 11 Government Advocate
in both WP's
For Respondents : Mr.R.Ganesh Babu
4, 9
in both WP's
For Respondent 8 : Mr.K.Magesh, Standing counsel
in both WP's
**********
COMMON ORDER
The W.P.No.31197 of 2016 has been filed to issue a Writ of
Declaration, declaring the Land Acquisition proceedings initiated under
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W.P.Nos.31197, 31198 of 2016
Section 4(1) of the Land Acquisition Act, 1894 in respect of land comprised
in Survey Nos.639/2 & 639/3, measuring an extent of 1.88 Acres out of 3.76
Acres, situated at Vellalore Village, Madukkarai Taluk, Coimbatore District,
deemed to have lapsed in view of Section 24(2) of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013).
2. The W.P.No.31198 of 2016 has been filed to issue a Writ of
Declaration, declaring the Land Acquisition proceedings initiated under
Section 4(1) of the Land Acquisition Act, 1894 in respect of land comprised
in Survey No.659, measuring an extent of 3.79 Acres, situated at Vellalore
Village, Madukkarai Taluk, Coimbatore District, deemed to have lapsed in
view of Section 24(2) of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).
3. The counter is very vague and there is no record to show that the
respondents have taken physical possession from the respective petitioners
and the revenue records are not yet mutated in favour of the respondents and
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W.P.Nos.31197, 31198 of 2016
all the revenue documents such as patta, adangal and chitta stood in the name
of the petitioners.
4. Heard, Mr.M.R.Gokul Krishnan, Government Advocate
appearing for the respondents 1 to 3, 5 to 7, 10, 11, Mr.K.Magesh, Standing
Counsel appearing for the eighth respondent, and Mr.R.Ganesh Babu, the
learned Standing Counsel appearing for the respondents 4, 9.
5. The petitioners have filed these writ petitions raising two
grounds i.e. possession has not been taken and also compensation was not
paid. On perusal of records, shows that notification under Section 4(1) of the
Land Acquisition Act (hereinafter called as 'the Act') was issued vide
GO.Ms.No.1332, RD & LA Department dated 24.07.1981 and published
through Tamil Nadu Government Gazette vide notification II/2
RUL/3444/81, RD & LA Department of Supplement to Part II, Section II
dated 12.08.1981 for acquisition of the lands situated at Vellalore Village,
Coimbatore. Thereafter, vide GO.Ms.No.1332, Rural Development and Local
Administration Department dated 24.07.1981, the first respondent appointed
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W.P.Nos.31197, 31198 of 2016
the eighth respondent as the authority under Section 5-A of the Act to
consider the objections of the land owners. Thereafter, a direction was issued
to the eighth respondent to perform the functions of the Collector and take
possession and pass orders of acquisition, which culminated in passing of
awards. According to the petitioners, possession was not taken and
compensation amount was not paid. However, the learned counsel for the
respondents submitted that as per the award, award amount has been
deposited in the civil deposit and also possession has been taken over from
the petitioners.
6. The grounds raised by the petitioners in these Writ petitions 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
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W.P.Nos.31197, 31198 of 2016
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
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
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W.P.Nos.31197, 31198 of 2016
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.
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
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W.P.Nos.31197, 31198 of 2016
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 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
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W.P.Nos.31197, 31198 of 2016
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 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."
7. 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 acquisition proceedings have been completed and the subject
land was taken over by the Government and the same was handed over to the
requisitioning body. Therefore, the petitioners failed to satisfy the twin
requirements under Section 24 (2) of The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013, 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
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W.P.Nos.31197, 31198 of 2016
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.
8. That apart, it is seen from the records that the Executive
Engineer, Tamil Nadu Water Supply and Drainage Board, Executive Division,
Coimbatore has applied for the acquisition of land to an extent of 1.88 acres
out of 3.76 acres and 3.79 Acres in Vellalore Village for the formation of
sewage farm under Coimbatore Drainage Project. It was administratively
sanctioned by the Government in G.O.Ms.No.107 RD and LA Department,
dated 25.01.1980. The extent applied for the Executive Engineer was split
up to 18 blocks for processing land acquisition under this scheme. Insofar as
the petitioners lands are concerned, after complying all the formalities, an
award has been passed and possession has been taken over and handed over
to the respondents. Thereafter, the revenue records mutated in their names
and they also utilised some of the lands for the said purposes. In view of the
settled position of law, the writ petitions are devoid of merits and liable to be
dismissed.
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W.P.Nos.31197, 31198 of 2016
9. In the result, the Writ Petitions stand dismissed. Consequently,
connected miscellaneous petitions are closed. There shall be no order as to
costs.
20.10.2021
Index:Yes/No
Speaking Order: Yes/No
rna
To
1.The Secretary to Government
Revenue Department,
Fort St. George,
Chennai - 600 009.
2.The Secretary to Government,
Rural Development & Panchayatraj Department,
Fort St. George,
Chennai - 600 009.
3.The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St. George,
Chennai - 600 009.
4.The Chairman and Managing Director,
Municipal Administration & Water Supply Department,
Chepauk, Chennai - 600 005.
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W.P.Nos.31197, 31198 of 2016
5.The District Collector,
Collectorate Complex,
Coimbatore District,
Coimbatore.
6.The District Revenue Officer,
Coimbatore District,
Coimbatore.
7.The Revenue Divisional Officer,
Coimbatore.
8.The Commissioner,
Corporation of Coimbatore,
Coimbatore.
9.The Executive Engineer,
Execution Division,
Tamil Nadu Water Supply & Drainage Board,
Coimbatore.
10.The Tahsildar,
Madukkarai Taluk,
Coimbatore District.
11.The Special Tahsildar (L.A.)
Coimbatore Water Supply Scheme,
Coimbatore.
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W.P.Nos.31197, 31198 of 2016
G.K.ILANTHIRAIYAN,J.
rna
W.P.Nos.31197, 31198 of 2016
and W.M.P.Nos.27073, 27074 of 2016
20.10.2021
https://www.mhc.tn.gov.in/judis/
