Madras High Court
Maadhavan Naidu vs The Government Of Tamil Nadu on 20 January, 2022
W.P.Nos.9017 to 9019 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.9017 to 9019 of 2015
and
M.P.Nos.1, 1 and 1 of 2015
Maadhavan Naidu ... Petitioner in W.P.Nos.9017
and 9018 of 2015
Veeraraghavan Naidu ... Petitioner in
W.P.Nos.9019 of 2015
Vs
1. The Government of Tamil Nadu,
Rep.by its Secretary to Government,
Housing and Urban Development Department,
Fort.St.George, Chennai – 600 009.
2. The District Collector,
Kancheepuram District,
Kancheepuram.
3. The Member Secretary,
Chennai Metropolitan Development Authority,
Egmore,
Chennai – 600 008.
4. The Sub Collector/Revenue Divisional Authority,
Chengalpet Sub Collector's Office,
Chengalpet.
1/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
5. The Special Tahsildar, (Land Acquisition)
Maraimalai Nagar Scheme,
Kattankolathur,
Kancheepuram District. ... Respondents in all W.Ps
Prayer in W.P.No.9017 of 2015: Writ Petition is filed under Article 226 of
the Constitution of India praying to issue a Writ of Declaration, declaring
that acquisition of lands in respect of the petitioner herein of an extent of 28
cents at Survey Nos.140/24, 140/24, 140/29 and 140/31 of Keelkaranai
Village, Kancheepuram District, pursuant to Section 4 (1) Notification of
the Land Acquisition Act dated 16.10.1974 and Section 6 Declaration dated
14.10.1977 by the first respondent herein and the Award No.1 of 1981 dated
28.04.1981 passed by the fifth respondent herein stand lapsed in view of
Section 24 Clause 2 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Re-settlement Act, 2013.
Prayer in W.P.No.9018 of 2015: Writ Petition is filed under Article 226 of
the Constitution of India praying to issue a Writ of Declaration, declaring
that acquisition of lands in respect of the petitioner herein of an extent of 32
cents in Survey No.146/1A3 in Keelkaranai Village, Kancheepuram District,
pursuant to Section 4 (1) Notification of the Land Acquisition Act dated
16.10.1974 and Section 6 Declaration dated 14.10.1977 by the first
respondent herein and the Award No.1 of 1981 dated 28.04.1981 passed by
the fifth respondent herein stand lapsed in view of Section 24 Clause 2 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Re-settlement Act, 2013.
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
Prayer in W.P.No.9019 of 2015: Writ Petition is filed under Article 226 of
the Constitution of India praying to issue a Writ of Declaration, declaring
that acquisition of lands in respect of the petitioner herein of an extent of 32
cents in Survey No.146/1A3 in Keelkaranai Village, Kancheepuram District,
pursuant to Section 4 (1) Notification of the Land Acquisition Act dated
16.10.1974 and Section 6 Declaration dated 14.10.1977 by the first
respondent herein and the Award No.1 of 1981 dated 28.04.1981 passed by
the fifth respondent herein stand lapsed in view of Section 24 Clause 2 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Re-settlement Act, 2013.
For Petitioners
in all W.Ps : Mr.AR.Karthik Lakshmanan
for Mrs.AL.Ganthimathi
For Respondents : Mr.G.Ameedius
in all W.Ps Government Advocate
(for R1, R2, R4 & R5)
: M/s.P.Veena Suresh
Standing Counsel for CMDA (for R3)
COMMON ORDER
These Writ Petitions are filed to issue a Writ of Declaration to
declare that acquisition of lands in respect of the petitioners respective
lands, situated at Keelkaranai Village, Kancheepuram District, pursuant to
Section 4 (1) Notification of the Land Acquisition Act, 1894 (hereinafter
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
referred to as 'the Act', for short) dated 16.10.1974 and Section 6
Declaration dated 14.10.1977 by the first respondent herein and the Award
No.1 of 1981 dated 28.04.1981 passed by the fifth respondent herein stand
lapsed in view of Section 24 Clause 2 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Re-settlement
Act, 2013 (hereinafter referred to as 'the New Act', for short).
2. The case of the petitioners is that the petitioners owned the
properties in Survey Nos.140/24, 140/24, 140/29 and 140/31, ad-measuring
an extent of 28 cents and the properties in Survey No.146/1A3, ad-
measuring an extent of 32 cents each, situated at Keelkaranai Village,
Kancheepuram District. While that being so, the petitioners' lands were
acquired for the purpose of formation of New Town known as Maraimalai
Nagar near Kattankolathur by the third respondent by issuance of
Notification under Section 4(1) of the Act and published on 16.10.1974.
Thereafter, Section 6 Declaration notice was issued on 14.10.1977. After
completion of all formalities, an award was passed in Award No.1 of 2018,
dated 28.04.1981. However, the petitioners raised a ground that the
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
possession of the subject lands, have not been taken over and they were not
paid any compensation as per the Award. Therefore, the petitioners filed
these Writ Petitions on the ground that they are entitled to the relief as
contemplated under Section 24(2) of the New Act.
3. On a perusal of the counter affidavit filed by the respondents 2
4 and 5th respondents, it reveals that the Government, in their order in
G.O.Rt.1938, R.D and L.A, dated 22.08.1974 approved a Master Plan for
the formation of Maraimalai Nagar Satellite Town in Chengalpattu Taluk to
ease the congestion in Chennai City and acquired land of an extent of
106.53 acres comprising in six blocks in Chithamanur, Keelakaranai,
Sengundram Villages. Notification under Section 4(1) of the Act was
approved in the said G.O, dated 22.08.1974 and published in the Tamil
Nadu Government Gazette, dated 16.10.1974. The Draft declaration was
approved in G.O.Ms.No.1657, R.D & L.A, dated 11.10.1977 and published
in the Tamil Nadu Government Gazette, dated 14.10.1977. The Award for
the lands referred to by the petitioners was passed in Award No.1 of 1981,
dated 28.04.1981. The lands were handed over to Chennai Metropolitan
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
Development Authority on 18.09.1981.
4. As per the award, the petitioners were awarded the
compensation as follows:-
Sl. Survey Extent Classif Rate Land Tree Total Payment to
No. Number ication per Value Value whom
cent
1 140/23 0.02 Dry Rs.50 --
2 140/24 0.02 Dry Rs.50 414.00 -- 414.00
Thiru.Madhavan
3 140/29 0.08 Dry Rs.50 --
4 140/31 0.16 Dry Rs.50 552.00 -- 552.00
5 146/1A3 0.32 Dry Rs.50 1104.00 -- 1104.00 Thiru.Madhavan
6 146/1A3 0.32 Dry Rs.50 1345.50 -- 1345.50 Thiru.
Veeraraghavan
5. The petitioners did not choose to receive the compensation
amount and hence the compensation had been deposited under the Revenue
Deposit in Chengalpattu Sub Treasury. Insofar as the possession of the
subject lands is concerned, the same was already handed over to the third
respondent and as such, after deposit of the award amount, the
compensation of the said lands devolved on the third respondent. That apart,
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
though the petitioners raised the specific ground that they are in possession
and enjoyment of the subject properties, there is absolutely no piece of
evidence to show that they are in possession and enjoyment of the subject
properties. They have not filed any piece of evidence to show that the award
dated 28.04.1981 passed in Award No.1 of 1981 was passed in respect of
their properties. These Writ Petitions have been filed after a period of 35
years and the petitioners have raised a claim under the New Act, that too
without any evidence to show that they are in possession and enjoyment of
the subject properties.
6. That apart, 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., in which it was 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
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
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 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
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
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.
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
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
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 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.
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
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 petitioners
herein. That apart, the respondents have already taken over the possession
of the lands in question and as far as the payment of compensation is
concerned, the entire award amount had been deposited under the Revenue
Deposit in Chengalpattu Sub Treasury. Therefore, the petitioners 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 above
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
dictum laid down by the Hon'ble Supreme Court of India, the issues raised
by the petitioners herein are settled and therefore, the acquisition
proceedings had not 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, these writ petitions are devoid of merits and hence
they are liable to be dismissed.
8. In the result, these Writ Petitions stand dismissed.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
20.01.2022
Index:Yes/No
Speaking Order: Yes
kv
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
To
1. The Secretary to Government,
The Government of Tamil Nadu,
Housing and Urban Development Department,
Fort.St.George, Chennai – 600 009.
2. The District Collector,
Kancheepuram District,
Kancheepuram.
3. The Member Secretary,
Chennai Metropolitan Development Authority,
Egmore,
Chennai – 600 008.
4. The Sub Collector/Revenue Divisional Authority,
Chengalpet Sub Collector's Office,
Chengalpet.
5. The Special Tahsildar, (Land Acquisition)
Maraimalai Nagar Scheme,
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
Kattankolathur,
Kancheepuram District.
G.K.ILANTHIRAIYAN, J.
kv
W.P.Nos.9017 to 9019 of 2015
https://www.mhc.tn.gov.in/judis
W.P.Nos.9017 to 9019 of 2015
20.01.2022
https://www.mhc.tn.gov.in/judis
