Madras High Court
A.R.Ponnalagi vs The Union Of India on 4 April, 2022
W.P(MD)Nos.895 and 896 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.895 and 896 of 2019
and W.M.P.(MD) Nos.721 and 722 of 2019
A.R.Ponnalagi .. Petitioner in W.P.(MD) No.895/2019
A.Abdul Basith .. Petitioner in W.P.(MD) No.896/2019
Vs
1.The Union of India,
Rep. by its Joint Secretary (Judicial),
Ministry of Home Affairs,
NDCC II Building,
Jai Singh Road,
New Delhi – 110 001.
2.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Law,
Fort St. George,
Chennai.
3.The Additional Chief Secretary,
Government of Tamil Nadu,
Highways and Minor Ports Department,
Fort St. George,
Chennai.
4.The District Collector,
Ramanathapuram District,
Ramanathapuram.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.895 and 896 of 2019
5.The District Revenue Officer Cum Competent Authority,
Ramanathapuram,
Ramanathapuram District. .. Respondents in both Writ Petitions
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Declaration, declare the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement (Tamil Nadu Amendment) Act, 2014, (Tamil Nadu Act
No.1 of 2015) as unconstitutional.
For Petitioner : Mr.M.Mahaboob Athiff
For Respondents : Ms.L.Victoria Gowri
Assistant Solicitor General of India
for R1
: Mr.Veera Kathiravan,
Additional Advocate General
Assisted by
Mr.Shaji Bino
R2 to R5
ORDER
[Made by R.VIJAYAKUMAR, J.]
These writ petitions have been filed seeking a Writ of Declaration
to declare the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2014, (Tamil Nadu Act
No.1 of 2015) as unconstitutional.
2. Learned Additional Advocate General appearing for the
respondents 2 to 4 has brought to the notice of this Court the judgment of
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.895 and 896 of 2019
the Hon'ble Supreme Court in the case of G.Mohan Rao & Ors., vs. State
of Tamil Nadu, reported in (2021) SCC OnLine SC 440.
3. The Tamil Nadu Act No.1 of 2015, which is under challenge,
was originally struck down by the Division Bench of this Court. When the
appeal was pending before the Hon'ble Supreme Court, the State has
come out with a fresh enactment by name “The Tamil Nadu Land
Acquisition Laws (Revival of Operation, Amendment and Validation) Act,
2019”. The constitutional validity of this validating Act of 2019 was also
upheld by the Hon'ble Supreme Court of India in the judgment cited
supra. The Hon'ble Supreme Court has held that, in case the land owners
like to challenge the acquisition, they can do it on case to case basis.
4. In view of the above said facts, nothing survives in these writ
petitions. The writ petitions are dismissed as infructuous. No costs.
Consequently, connected Miscellaneous Petitions would not survive.
[P.U., J] [R.V., J]
04.04.2022
Index : No
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W.P(MD)Nos.895 and 896 of 2019
To
1.The Joint Secretary (Judicial),
Ministry of Home Affairs,
Union of India,
NDCC II Building,
Jai Singh Road,
New Delhi – 110 001.
2.The Secretary,
Department of Law,
State of Tamil Nadu,
Fort St. George,
Chennai.
3.The Additional Chief Secretary,
Government of Tamil Nadu,
Highways and Minor Ports Department,
Fort St. George,
Chennai.
4.The District Collector,
Ramanathapuram District,
Ramanathapuram.
5.The District Revenue Officer Cum Competent Authority,
Ramanathapuram,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.895 and 896 of 2019
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
pkn
W.P(MD)Nos.895 and 896 of 2019
04.04.2022
https://www.mhc.tn.gov.in/judis
