Madras High Court
R.Mahalakshmi vs The State Of Tamil Nadu on 7 December, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.8985 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.8985 of 2021
and
W.M.P.(MD).No.6767 of 2021
R.Mahalakshmi ... Petitioner
Vs
1.The State of Tamil Nadu,
Represented by its Secretary to the Government,
Housing and Urban Development Department,
Fort St.George,
Chennai-600 009.
2.The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme,
Kovilpatti, Kovilpatti Taluk,
Thoothukudi District.
3.The Executive Engineer/ Administrative Officer,
Tamilnadu Housing Board,
Tirunelveli Housing Unit,
Kamarajar Salai,
Anbunagar, Tirunelveli-627011 ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order passed by the 3rd respondent in
1/7
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W.P.(MD)No.8985 of 2021
his letter in Ni.A/5056/2004 dated 11.04.2019 and quash the same as
illegal and consequently to declare the land acquisition proceedings
initiated by the respondents as “deemed to be lapsed” as per Section 24 (2)
of the Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 in respect of the property
comprised in S.No./1B Plot No.36 of an extent of 0.16.0 Hectares situated
at Alampatti Village, Kovilpatti Taluk, Thoothukudi District.
For Petitioner : Mr.C.Gangai Amaran
For R-1 & R-2 : Mr.Mr.K.S.Selvaganesan,
Additional Government Pleader
For R-3 : Mr.S.Velmurugan,
Standing Counsel
ORDER
This Writ Petition has been filed to declare the acquisition
proceedings initiated by the respondents “deemed to be lapsed” as per
Section 24 (2) of the Right to Fair Compensation and Transparency in
Land Acquisition Rehabilitation and Resettlement Act, 2013 (For brevity
“the Act”).
2. The case of the petitioner is that the subject property was
purchased through a registered sale deed dated 10.07.1991 registered as
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Document No.2213 of 1991 and the petitioner was in possession and
enjoyment of the same. The acquisition proceedings were initiated by the
second and third respondents and the award was also passed on 18.11.1994
by the second respondent. According to the petitioner, the award amount
has not been deposited and that the petitioner is continuing to be in
possession and enjoyment of the subject property. In view of the same, the
petitioner has sought for a declaration under Section 24 (2) of the Act to
declare that the acquisition itself has lapsed.
3. Heard the learned counsel on either side.
4. A connected Writ Petition pertaining to the very same acquisition
proceeding was dealt with by this Court in W.P.(MD).No.12606 of 2021.
Even the award pertained to the very same award dated 18.11.1994. While
dealing with the same, this Court held as follows:
“5. It is clear from the materials placed
before this Court that the acquisition proceedings
were initiated as early in the year 1991 and the
award was passed in the year 1994 and it was
also deposited before the Sub Court, Kovilpatti.
Thereafter, Section 18 reference was also made
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and it was dealt with by the Sub Court, Kovilpatti
in L.A.O.P.No.63 of 1998. The name of the
petitioner is also found to be one of the claimants
in Sl.No.118. A judgment and decree has also
been passed in L.A.O.P.No.63 of 1998.
6. For claiming a declaration that the
acquisition is deemed to have been lapsed, the
petitioner has to satisfy both the requirements of
possession of the property not being taken over
and compensation not being paid to the petitioner.
It is clear from the stand in the counter affidavit
that the compensation amount has been deposited
and there was also Section 18 reference made
before the concerned Court and a decree has also
been passed in L.A.O.P.No.63 of 1998. Therefore,
even assuming that the possession is with the
petitioner, the acquisition proceedings cannot be
held to have been lapsed under Section 24(2) of
RFCTLARR-Act, 2013. In this regard, it will be
useful to refer to the Judgment of Constitution
Bench of Hon’ble Supreme Court in the case
Indore Development Authority vs Manohar Lal,
reported in 2020 SCC Online SC 316.”
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5. In view of the above, it is clear that the award was passed in
the year 1994 and the compensation was deposited before the Sub Court,
Kovilpatti and the reference was made under Section 18 of the Land
Acquisition Act, 1894, which was dealt with by the Sub Court, Kovilpatti
in L.A.O.P.No.61 of 1998. The Judgment and Decree was passed on
03.08.2009. In view of the same, the stand taken by the petitioner as if the
award amount has not been paid / deposited is un-sustainable.
6. The learned counsel appearing for the petitioner submitted
that the order that was passed by the Sub Court, Kovilpatti, dated
03.08.2009 has not been complied with and the entire compensation has
not been paid to the petitioner.
7. The grievance that has been raised by the learned counsel
for the petitioner does not result in declaring the acquisition proceedings as
lapsed. If the petitioner has not received the entire compensation amount
as fixed in L.A.O.P.No.61 of 1998, it will be left open to the petitioner to
make a representation before the second respondent and the second
respondent on receipt of the representation shall settle the entire
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compensation amount, if not already paid, within a period of six (6) weeks
from the date of receipt of the representation from the petitioner.
8. This Writ Petition is disposed of in the above terms. No
costs. Consequently, connected miscellaneous petition is closed.
07.12.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
To
1.The Secretary to the Government,
the State of Tamil Nadu,
Housing and Urban Development Department,
Fort St.George,
Chennai-600 009.
2.The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme,
Kovilpatti, Kovilpatti Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
TSG
07.12.2023
https://www.mhc.tn.gov.in/judis
