Madras High Court
M.Uma vs The State Of Tamil Nadu on 1 March, 2023
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.03.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition Nos.2963, 2965, 2996, 2967, 2969, 3000, 3004, 3013,
2759, 2762, 2763, 4100, 4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408, 3185, 3189, 3192, 3196 and
5363 of 2023
and WMP.Nos.4155, 4159,4162, 4165, 3343, 3346, 3351, 3352, 3323,
3326, 3328, 3334, 4432, 4435, 4438, 3246, 3250, 3258, 3262, 5386,
5387 and 5390 of 2023
W.P.No.2963 of 2023
M.Uma ... Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of Industries, Fort St. George,
Chennai – 600 009.
2. The District Collector,
Kancheepuram District, Kancheepuram.
3. The Special Tahsildar,
Land Acquisition,
Unit – II, SIPCOT,
Oragadam Expansion Scheme – II,
Kancheepuram District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
Prayer : Writ Petitions under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the records relating to the award of the 2nd respondent in
Na.Ka.No.06/2009, dated 23.11.202 for petitioner's plot Nos.858 and 859
in VGP Jayanthi Town Part – I, situated at Mathur Village,
Sriperumbudur Taluk, Kancheepuram District and quash the same and to
reckoning the base date for arriving at the compensation as on
01.01.2014 and grant all benefits flowing therefrom together with
interests, etc.,
For petitioner : Mr.P.Wilson, Senior Counsel
[W.P.No.5363 of 2023] for Mr.M.Murali
For Petitioners : Mr.Swarnam J Rajagopalan
[Writ Petition Nos.2963,
2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759,
2762, 2763, 4100, 4102,
4103, 4107, 3294, 3296,
3300, 3301, 3272, 3273,
3275, 3279, 4397, 4406,
4408, 3185, 3189, 3192,
3196 of 2023]
For Respondents : Mr.S.Silambanan,
[in all W.Ps.] Additional Advocate General
Assisted by
Mr.Yogesh Kannadasan
Special Government Pleader
https://www.mhc.tn.gov.in/judis
2/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
COMMON ORDER
Since the issue raised in these writ petitions is one and the same,
with the consent of learned counsel appearing for both sides, all these
writ petitions were heard together and are disposed of by this common
order.
2. In all these writ petitions, the respective land belongs to the
petitioners were sought to be acquired under the provisions of the Tamil
Nadu Acquisition of Land for Industrial Purposes Act, 1997 [ in short,
1997 Act''], in respect of which, notification under Section 3(2) of the
1997 Act had been issued in all these cases either in the year 2009 or in
the year 2010, but certainly prior to 01.01.2014, the date on which The
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 has come into effect [ in short,
2013 Act''].
3. Now the challenge made in all these writ petitions is that the
award passed in all these writ petitions either in the year 2020 or
https://www.mhc.tn.gov.in/judis
3/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
thereafter on the ground that, while passing these impugned awards,
respondents have taken the base date as the date of notification issued
under Section 3(2) of the 1997 Act, not taking the base date as
01.01.2014, the date on which, 2013 Act has come into effect.
4. Placing this ground, challenging all these impugned awards
Mr.P.Wilson, learned Senior Counsel appearing for the petitioners has
made submissions that the issue raised in this batch of writ petitions is
not more res-integra as it has been conclusively decided by an
exhaustive decision of the Division Bench of this Court in the matter of
Sri Venkateswara Educational and Charitable Trust Vs. The Secretary
to Government of Tamil Nadu and ors. in W.A.Nos.1063 of 2012 &
etc., batch dated 17.10.2022, where he relied upon the following
passages of the Division Bench judgment:
22. Now let us try to clear the grey area in the
legislation having this object in our mind. The Section 26 of
Central Act 30 of 2013, declares how the compensation
amount shall be determined. The proviso to the said Section
26(1) says that date of notification contemplated under
https://www.mhc.tn.gov.in/judis
4/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
Section 11 of the Act shall be the base date. The Act came
into force on 01.01.2014, therefore any notification
contemplated under Section 11 could not have been issued
prior to 01.01.2014. As far as land acquisition proceedings
which were initiated under the old legislation prior to coming
into force of Central Act 30 of 2013, there will be no
notification issued under Section 11 of New Act. If we accept
the argument of the learned senior counsel, the date of issue
of Section 3(2) notice under Industrial Purpose Act, which is
preliminary in nature similar to the preliminary notification
contemplated under Section 11 of the Central Act 30 of 2013,
should be the base date for determining compensation. It
would result in fixing a date prior to 01.01.2014. While
enacting the proviso to Section 26 of the Central Act 30 of
2013, the Parliament certainly would not have contemplated
a base date prior to coming into force of New Act. When
Parliament in its wisdom legislated that the provisions of the
New Act is applicable for determination of compensation for
the land acquisitions proceedings initiated prior to coming
into force of the New Act, when no award had been passed,
fixing a date prior to coming into force of the New Act as a
base date for the purpose of determining compensation
would not advance the object of the enactment extracted
above. Therefore, we are of the considered view whenever
https://www.mhc.tn.gov.in/judis
5/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
compensation amount is to be determined under provisions of
the Central Act 30 of 2013 in respect of the land acquisitions
initiated under old enactments, the base date shall be the
date of coming into force of the Central Act 30 of 2013, but
not the date on which preliminary notification was issued
under old Act. In fact, the Department of Land Resources, the
Ministry of Rural Development, Government of India in its
clarificatory note dated 26.10.2015, while considering the
very same question has clarified that the base date shall be
taken as 01.01.2014. The extract of the relevant clarificatory
note of the Government of India is as follows:
"Issues raised by the Government of Maharastra:
For calculation of market value, under
Section 24(1)(a), reference date should be
01.01.2014 (Commencement of RFCTLARR Act,
2013) or date of issuing preliminary notification
under Land Acquisition Act, 1894?"
"Opinion of the DOLR:
The reference date for calculation of market
value, under Section 24(1) (a) should be 01.01.2014
(Commencement of RFCTLARR Act, 2013), as the
Section reads "in any case of land acquisition
proceedings initiated under the Land Acquisition
Act, 1894, where no award under Section 11 of the
https://www.mhc.tn.gov.in/judis
6/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
said Land Acquisition Act has been made then, all
provisions of this Act relating to the determination
of compensation shall apply. Under Section 26
reference date is date of preliminary notification but
Section 24 is a special case of application of the Act
in retrospective cases, and a later date of
determination of market value is suggested (i.e
01.01.2014) with a view to ensure that the land
owners/farmers/affected families get enhanced
compensation under the provisions of the
RFCTLARR Act, 2013 (as also recommended by
Standing Committee in its 31st report)."
23. In addition there to, the very same question also
came up before the Division Bench of Allahabad High Court,
in Ishan International Educational Society through its
Director versus State of Uttar Pradesh reported and others
reported in MANU/UP/0203/2022, wherein Allahabad High
Court by placing reliance on the earlier three Division
Benches of the said Court and also the clarificatory note
prepared by the Government of India has held as follows:
"The three Division Bench judgments referred
to above have also held that where land acquisition
proceedings had commenced under the provisions
https://www.mhc.tn.gov.in/judis
7/18
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
of 1894 Act but award was not made prior to 1
January 2014 under Section 11 of the 1894 Act,
then in that case, all the provisions of 2013 Act
relating to determination of compensation shall
apply and the date for determination of the market
value of the land should be treated as 1 January
2014 in terms of the directions issued by the Central
Government."
In the light of above observation, which squarely covers
the issue raised in the present case, we agree with the views
expressed by the Division Bench of Allahabad High Court.
Therefore, we hold that the base date for the purpose of
determining compensation under Central Act 30 of 2013 in
the case on hand is the date of commencement of the Central
Act 30 of 2013, namely 01.01.2014. Accordingly, the
respondents are directed to pass a fresh award by taking
01.01.2014 as base date for determination of compensation.
..........
32. Conclusion:
In the result, i) The W.P.Nos.4029, 7093, 7550, 8143,
8144, 8145, 8146, 8147, 8613, 11163, 8992, 11115, 12152,
15786, 17363, 19162, 20346, 20525, 21065, 21070, 21071,
21072, 21073, 21074, 22304, 22863, 22864, 22865, 22866,
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
24062, 24063, 24106, 25821, 25822, 27200, 29433, 31442,
31950, 31952, 33240, 33241, 33242, 35032, 35034, 35035,
35257, 35259, 35260, 35261, 35263, 35264, 35262, 35258 of
2012 and W.P.Nos.3406, 3543, 3544, 4662, 5222, 5564, 5922,
6592, 7910, 8765, 8766, 8767, 8768, 12300, 12301, 12302,
12303, 13081, 13532, 13533, 13534, 13847, 13848, 13849,
16035, 16036, 16037, 16044, 16045, 16077, 16078 of 2013
are disposed with direction to respondents to pass fresh
award fixing compensation for the land acquired by taking
01.01.2014 as a base date for determination of compensation.
The respondents are directed to pass award within a period of
six months from the date of receipt of copy of this order.
ii) W.P.Nos.18184 of 2014 and 12873 of 2012 are
allowed as indicated above by quashing 3(1) notification
issued by the 1st respondent and published in Tamil Nadu
Government Gazette dated 02.03.2012.
iii) W.P.Nos. 35033 of 2012 and 15424 of 2012 are dismissed.
However, our earlier finding that 01.01.2014 is the base date
for determination of compensation will enure to the writ
petitioners.
iv) Writ Appeal No.1063 of 2012 is disposed of with a
direction to the respondents to pass fresh award by taking
01.01.2014 as base date for determination of compensation.
v) Writ Appeal No. 1223 of 2012 stands dismissed. vii)
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
There shall be no order as to costs. Consequently, connected
Miscellaneous petitions are closed.”
5. Learned Senior Counsel has also relied upon the notification
issued in this regard by the Competent Authority of the Central
Government viz., Government of India, Department of Land Resources,
Ministry of Rural Development dated 26.10.2015, where inter alia the
clarification as sought for has been answered to the effect that, for
calculation of market value under Section 24(1)(a), reference date
whether should be 01.01.2014 i.e., commencement of 2013 Act or date of
issuance of preliminary notification under the Land Acquisition Act. The
answer in the reference by the Central Government reads thus:
"Issues raised by the Government of Maharastra:
For calculation of market value, under Section
24(1)(a), reference date should be 01.01.2014
(Commencement of RFCTLARR Act, 2013) or date of issuing
preliminary notification under Land Acquisition Act, 1894?"
"Opinion of the DOLR:
The reference date for calculation of market value,
under Section 24(1) (a) should be 01.01.2014
(Commencement of RFCTLARR Act, 2013), as the Section
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
reads "in any case of land acquisition proceedings initiated
under the Land Acquisition Act, 1894, where no award under
Section 11 of the said Land Acquisition Act has been made
then, all provisions of this Act relating to the determination
of compensation shall apply. Under Section 26 reference date
is date of preliminary notification but Section 24 is a special
case of application of the Act in retrospective cases, and a
later date of determination of market value is suggested (i.e
01.01.2014) with a view to ensure that the land
owners/farmers/affected families get enhanced compensation
under the provisions of the RFCTLARR Act, 2013 (as also
recommended by Standing Committee in its 31st report)."
6. This notification has already been published in
D.O.No.1301S/01/2014-LRD(Pt) dated 26.10.2015 by the Ministry of
Rural Development, Department of Land Resources.
7. Since this notification was issued in order to remove the
difficulties under Section 113 of 2013 Act, the position has been clarified
as to which date shall be reckoned as a base date for the purpose of
determining the compensation under the 2013 Act in all cases, where,
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
even though notification was issued earlier to 01.01.2014, award has not
been passed and such awards are passed after 01.01.2014.
8. Only this issue having been considered by the Division Bench in
the said judgment cited supra, they have come to the conclusion in
paragraph 22 and 23 as cited supra that, the awards if it is passed after
01.01.2014, the base date must be 01.01.2014 not the notification issued
under the Land Acquisition Act, here it is 1997 Act. Therefore, all these
impugned awards passed by the Authorities concerned taking the base
date as the date of notification issued originally under the Act i.e., 1997
Act shall not stand and therefore, all these impugned awards are liable to
be interfered with, learned Senior Counsel contended.
9. Per contra, Mr.S.Silambanan, learned Additional Advocate
General assisted by Mr.Yogesh Kannadasan, learned Special Government
Pleader appearing for the respondents would contend that, the stand
taken by the respondents State on the issue raised herein, which in fact
was raised before the Division Bench in the afore-stated judgment was
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
that, though the provision in Section 105-A in the Central Act 30 of 2013
has been struck down by the orders of this Court in the matter of Caritas
India vs. Union of India and Ors. reported in 2019 (4) CTC 737,
subsequently a validation Act 38 of 2019 to revive all provisions of
Tamil Nadu Acquisition of Land for Industrial Purposes Act, except the
provisions relating to determination of compensation since has been
enacted and based on which, the respondents SIPCOT has filed an appeal
by way of Special Leave Petitions against the Division Bench judgment
dated 17.10.2022 in the following SLP Diary Nos:
1. 4972 of 2023
2. 5419 of 2023
3. 5543 of 2023
4. 5540 of 2023
5. 7169 of 2023
6. 7171 of 2023
The issue appears to have been concluded by the judgment of the
Division Bench is yet to be concluded as the SLPs filed by the SIPCOT
are yet to be taken up for hearing, therefore, till a final conclusive
decision comes from the Apex Court, it cannot be stated that the law
declared by the Division Bench alone will prevail and based on which,
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
the petitioners cannot assail the impugned awards in the respective writ
petitions, he contended.
10. I have considered the rival submissions made by the learned
counsel appearing for the parties and have perused the materials placed
before this Court.
11. As has been rightly pointed out by the learned Senior Counsel
appearing for the petitioners, the issue raised in all these cases is no more
res-integra. In the Division Bench judgment cited supra in Sri
Venkateswara Educational and Charitable Trust's case an exhaustive
answer has been given by the Division Bench as to how and why the base
date should be of 01.01.2014 and not the notification date, this has been
specifically dealt with in paragraphs 22 and 23 of the said judgment,
which has been already extracted herein above.
12. Following the said judgment of the Division Bench, atleast in
two cases, a learned Judge of this Court has passed orders following the
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
dictum of the Division Bench judgment i.e., in W.P.Nos.2569 of 2023 &
etc., dated 02.02.2023 and W.P.No.3504 of 2023 dated 08.02.2023.
13. Therefore, the said Division Bench judgment alone is holding
the field now, as against which, even though it was claimed by the
learned Additional Advocate General that SIPCOT preferred SLPs,
admittedly those SLPs are only in the diary number stage, therefore, at
this juncture, the law having been declared by the Division Bench of this
Court referred to above has to be necessarily followed as this Court
bound by the said judgment of the Division Bench.
14. In that view of the matter, this Court has no hesitation to hold
that, since impugned awards invariably in all these writ petitions are
passed by taking the base date as notification date under Section 3(2) of
the 1997 Act i.e., in the year 2009 or 2010 and not the 01.01.2014 under
the 2013 Act, therefore all these impugned awards would not stand in the
legal scrutiny and they are liable to be set aside.
15. In the result, the following orders are passed in all these writ
petitions:
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
That the impugned orders in all these writ petitions are set aside
and the matter is remitted back to the respondents for
reconsideration.
While reconsidering the same, the law declared by this Court in the
afore-stated Division Bench judgment shall be taken into account
and accordingly, 01.01.2014 shall be taken up as a base date for
the purpose of determining the compensation within the meaning
of provisions of 2013 Act and after giving an opportunity of being
heard to the respective petitioners/parties or land holders, needful
action shall be taken by the respondents by passing a fresh award
in this regard within a period of sixteen (16) weeks from the date
of receipt of a copy of this order.
With these directions, these writ petitions are disposed of. No
costs. Connected miscellaneous petitions are closed.
01.03.2023
Index : Yes
Speaking order: Yes
Neutral Citation:Yes
mp
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
To
1. The Secretary,
Department of Industries, Fort St. George,
Chennai – 600 009.
2. The District Collector,
Kancheepuram District, Kancheepuram.
3. The Special Tahsildar,
Land Acquisition,
Unit – II, SIPCOT,
Oragadam Expansion Scheme – II,
Kancheepuram District.
R. SURESH KUMAR, J.
mp
https://www.mhc.tn.gov.in/judis
Writ Petition Nos.2963, 2965, 2996, 2967, 2969,
3000, 3004, 3013, 2759, 2762, 2763, 4100,
4102, 4103, 4107, 3294, 3296, 3300, 3301,
3272, 3273, 3275, 3279, 4397, 4406, 4408,
3185, 3189, 3192, 3196 and 5363 of 2023
Writ Petition Nos.2963, 2965, 2996,
2967, 2969, 3000, 3004, 3013, 2759,
2762, 2763, 4100, 4102, 4103, 4107,
3294, 3296, 3300, 3301, 3272, 3273,
3275, 3279, 4397, 4406, 4408, 3185,
3189, 3192, 3196 and 5363 of 2023
01.03.2023
https://www.mhc.tn.gov.in/judis
