Madras High Court
The Managing Director vs Ritesh Kumar Dhariwal on 11 October, 2023
W.A.Nos.2802 and 1690 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.2802 and 1690 of 2023
W.A.No.2802 of 2023:
The Managing Director,
State Industries Promotion Corporation
of Tamil Nadu Limited (SIPCOT),
19-A, Rukmani Lakshmipathy Road,
Egmore, Chennai-600 008. .. Appellant
Vs
1.Ritesh Kumar Dhariwal
2.The State of Tamil Nadu,
rep. by its Secretary,
Industries Department,
Secretariat, Chennai-600 009.
3.The District Collector,
Kancheepuram District,
Kancheepuram.
4.The Special Tahsildar (L.A),
Oragadam Scheme, SIPCOT, Irugattukottai,
Sriperumbudur Taluk,
Kancheepuram District. .. Respondents
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W.A.Nos.2802 and 1690 of 2023
W.A.No.1690 of 2023:
1.The State of Tamil Nadu,
rep. by its Secretary,
Industries Department,
Secretariat, Chennai-600 009.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The Special Tahsildar (L.A),
Oragadam Scheme, SIPCOT, Irugattukottai,
Sriperumbudur Taluk,
Kancheepuram District. .. Appellants
Vs
Ritesh Kumar Dhariwal .. Respondent
PRAYER: Appeals under Clause 15 of the Letters Patent against the
order dated 16.2.2018 passed by the learned Single Judge in
W.P.No.16653 of 2017.
For the Appellant : Ms.Sudharshana Sunder
in W.A.No.2802 of 2023
For the Appellants in : Mr.R.Raman Laal
W.A.No.1690 of 2023 Advocate General
and respondents 2 to 4 assisted by Mr.T.K.Saravanan
in W.A.No.2802/2023 Government Advocate
For Respondent No.1 : Mr.K.Surender
in W.A.No.2802/2023
and sole respondent in
W.A.No.1690/2023
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W.A.Nos.2802 and 1690 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Ms.Sudharshana Sunder, learned counsel for
the appellant in W.A.No.2802 of 2023; Mr.K.Surendar, learned
counsel for the first respondent in W.A.No.2802 of 2023 and the
sole respondent in W.A.No.1690 of 2023; and, Mr.R.Raman Laal,
learned Additional Advocate General, assisted by Mr.T.K.Saravanan,
learned Government Advocate for respondents 2 to 4 in
W.A.No.2802 of 2023 and the appellants in W.A.No.1690 of 2023.
2. These appeals are filed against the judgment and order
passed by the learned Single Judge dated 16.2.2018 in
W.P.No.16653 of 2017. In the impugned order, the learned Single
Judge has partly allowed the writ petition by setting aside the award
dated 15.3.2001. As the compensation is not paid, the learned
Single Judge came to the conclusion that the acquisition stands
lapsed. However, the learned Single Judge further observed that as
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W.A.Nos.2802 and 1690 of 2023
possession was already taken, it is difficult to put back the
petitioner in possession of the property.
3. In view of the judgment of the Supreme Court in the case
of Indore Development Authority v. Manoharlal and others, (2020)
8 SCC 129, the acquisition does not lapse under Section 24(2) of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 if either the
compensation is paid or possession is taken. In the present case,
admittedly, possession has been taken.
4. In the light of the above, the impugned judgment of the
learned Single Judge is quashed and set aside. The original
petitioner has already filed a reference under Section 18 of the Land
Acquisition Act, 1894. It is for the original petitioner to prosecute
the same in accordance with law.
The writ appeals are accordingly allowed. There will be no
order as to costs. Consequently, C.M.P.Nos.23440 and 14939 of
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W.A.Nos.2802 and 1690 of 2023
2023 are closed.
(S.V.G., CJ.) (D.B.C., J.)
11.10.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1.The Secretary,
State of Tamil Nadu,
Industries Department,
Secretariat, Chennai-600 009.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The Special Tahsildar (L.A),
Oragadam Scheme, SIPCOT, Irugattukottai,
Sriperumbudur Taluk,
Kancheepuram District.
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https://www.mhc.tn.gov.in/judis
W.A.Nos.2802 and 1690 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.A.Nos.2802 and 1690 of 2023
11.10.2023
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