Madras High Court
A.M.Abdul Malik vs The Union Of India on 4 April, 2022
W.P(MD)Nos.25322 and 25323 of 2018
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.25322 and 25323 of 2018
and W.M.P.(MD) Nos.25930 and 22931 of 2018
A.M.Abdul Malik .. Petitioner in W.P.(MD) No.25322/2018
B.Abeeda Beevi .. Petitioner in W.P.(MD) No.25323/2018
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.25322 and 25323 of 2018
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 : Mr.Kathikeya Venkatachalapathy
Central Government Standing
Counsel
: 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
the Hon'ble Supreme Court in the case of G.Mohan Rao & Ors., vs. State
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.25322 and 25323 of 2018
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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https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.25322 and 25323 of 2018
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.25322 and 25323 of 2018
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
pkn
W.P(MD)Nos.25322 and 25323 of 2018
04.04.2022
https://www.mhc.tn.gov.in/judis
