Madras High Court
S.Rajasekar vs The Government Of Tamil Nadu on 29 October, 2021
W.P.No.16887 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.16887 of 2014
and M.P.No.1 of 2014
S.Rajasekar ... Petitioner
-Vs-
1. The Government of Tamil Nadu,
Represented by its Secretary to Government,
Housing and Urban Development Department,
Fort St.George,
Secretariat, Chennai - 600 009.
2. The Tamil Nadu Housing Board,
Represented by its Chairman,
Nandanam,
Chennai - 600 038.
3. The Executive Engineer and Administrative Officer,
Besant Nagar Division,
Tamil Nadu Housing Board,
No.48, Dr.Muthulakshmi Salai,
1st Floor, Shopping Complex, Sastri Nagar,
Adyar, Chennai - 600 020. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Declaration, declaring that acquisition of
lands in respect of the petitioner herein at Survey No.420/2C of an extent of
8904 sq.ft in No.155, Sholinganallur Village, Tambaram Taluk,
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W.P.No.16887 of 2014
Kancheepuram District, pursuant to Section 4(1) Notification of Land
Acquisition Act under G.O.Ms.No.433 Housing and Urban Development
Department dated 14.05.1990 and 6 Declaration issued in G.O.Ms.No.948
Housing and Urban Development Department dated 07.06.1991 stands lapsed
in view of Section 24 Clause 2 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioner : Ms.AL.Ganthimathi
For Respondents
For R1 : Mr.M.R.Gokul Krishnan
Government Advocate.
For R2 & R3 : Mr.M.Baskar,
Standing Counsel.
ORDER
This Writ Petition has been filed to declare that acquisition of
lands in respect of the petitioner herein at Survey No.420/2C to an extent of
8904 sq.ft in No.155, Sholinganallur Village, Tambaram Taluk,
Kancheepuram District, pursuant to Section 4(1) Notification of Land
Acquisition Act under G.O.Ms.No.433 Housing and Urban Development
Department dated 14.05.1990 and 6 Declaration issued in G.O.Ms.No.948
Housing and Urban Development Department dated 07.06.1991 stands lapsed
in view of Section 24 Clause 2 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(herein after called as “the New Act”).
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W.P.No.16887 of 2014
2. The case of the petitioner is that the property comprised in survey
No. 420/2C to an extent of 1 acre 33 cents situated in No.155, Sholinganallur
Village, originally belonged to one Thiruvengada Nair and he sold out the
property to one Sarojiniammal viz., the mother of the petitioner herein, by way
of registered sale deed dated 14.12.1960 vide document No.3054 of 1960. The
said Sarojiniammal settled a portion of the land to an extent of 8904 sq.ft., in
S.No.420/2C by way of a registered Settlement Deed dated 10.08.1994 in
favour of the petitioner and he is in possession and enjoyment of the said
property.
3. While being so, the Tamil Nadu Housing Board acquired the said
land vide Award No.1 of 1997 and the third respondent called upon the
petitioner to vacate and hand over the possession of the said land by a
proceedings dated 30.09.2005. Hence, the petitioner filed a Writ Petition in
W.P.No39141 of 2005 challenging the proceeding dated 30.09.2005 on the file
of the third respondent and also prayed to forbear the respondents from in any
manner interfering with the petitioner's possession and enjoyment of the said
land. This Court by an order dated 04.11.2013 observed that the land originally
stood in the name of Sarojiniammal viz., the mother of the petitioner herein
and part of the land was subjected to land acquisition proceeding for the
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W.P.No.16887 of 2014
purpose of formation of neighbour housing scheme and a formal notification
was issued on 14.05.1990 in G.O.Ms.No.433, Housing and Urban
Development Department. Thus, after issuance of the 4(1) notification, no
transfer can be effected and such tranfer will not bind the government. That
apart declaration under Section 6 was made on 07.06.1991 under
G.O.Ms.No.948. Therefore, after issuing such declaration, the settlement in
favour of the petitioner which came to be effected by the said Sarojiniammal
datted 10.08.1994 cannot confer any right or title on t he petitioner, much less
a legal right to retain the possession of land as an owner and dismissed the
Writ Petition. After passing the award under the acquisition proceeding, the
present Writ Petition has been filed by invoking the provisions under Section
24(2) of the New Act.
4. Heard Ms.AL.Ganthimathi, learned counsel appearing for the
petitioner, Mr.M.R.Gokul Krishnan, learned Government Advocate appearing
for the first respondent and Mr.M.Baskar, learned standing counsel appearing
for the respondents 2 and 3.
5. On perusal of the counter revealed that after passing the award in
Award No.1 of 1997 dated 23.04.1997, the land in survey No.420/2C was
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W.P.No.16887 of 2014
taken over and the same was handed over to the Tamil Nadu Housing Board by
the Land Acquisition Officer as early as on 16.08.2004. As far as the
compensation is concerned, the petitioner had made fresh, the respondents
made revenue deposit as early as on 31.03.1997 and 02.05.1997. Therefore,
the petitioner failed to satisfy the twin condition.
6. In this regard it is relevant to rely upon the judgment of the
Hon'ble Supreme Court of India 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
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
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W.P.No.16887 of 2014
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
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
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W.P.No.16887 of 2014
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.
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
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W.P.No.16887 of 2014
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
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 petitioner. That
apart, the subject land was acquired for the purpose of Tamil Nadu Housing
Board Neighbourhood Scheme. The acquisition proceedings have been
completed and the subject land was taken over by the government and the
possession was handed over to the Housing Board. Further the requisition
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W.P.No.16887 of 2014
body also deposited the compensation as awarded by the Land Acquisition
Officer. 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 dictum laid down by the Hon'ble Supreme
Court of India, the issues raised by the petitioner 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, the writ petition is devoid of merits and
liable to be dismissed. However, being a settlee of the subject land, the
petitioner is entitled to receive the compensation as per the Award No.1 of
1997 dated 23.04.1997 in accordance with law.
8. In the result, the Writ Petition stands dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
29.10.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
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W.P.No.16887 of 2014
G.K.ILANTHIRAIYAN, J.
rts
To
1. The Secretary to Government,
The Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St.George,
Secretariat, Chennai - 600 009.
2. The Chairman,
The Tamil Nadu Housing Board,
Nandanam,
Chennai - 600 038.
3. The Executive Engineer and Administrative Officer,
Besant Nagar Division,
Tamil Nadu Housing Board,
No.48, Dr.Muthulakshmi Salai,
1st Floor, Shopping Complex, Sastri Nagar,
Adyar, Chennai - 600 020.
W.P.No.16887 of 2014
and M.P.No.1 of 2014
29.10.2021
https://www.mhc.tn.gov.in/judis
