Munusamy v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and M.P.No.1 of 2015 1.Munusamy 2.Muthu 3.Smt.Lalitha 4.Krishnan 5.Smt.Muniammal ... Petitioners 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.
5.The Special Tahsildar (Land Acquisition), Maraimalai Nagar Scheme, Kattankolathur, Kanchipuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration to declare the land acquisition proceedings in respect of 0.57 acres of land in Survey No.3/4B in Cithamanur Village, Chengalpet Taluk, Kancheepuram District of the petitioners covered under Award No.8 of 1979 passed on 21.03.1980 by the 5th respondent herein as lapsed under Sec.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioners : Mr.K.S.Arumugam For R1, R2 & R5 : Mr.P.Kumaresan, Additional Advocate General Assisted by Mr.P.Sathish Additional Government Pleader For R3 & R4 : Mr.P.Kumaresan, Additional Advocate General Assisted by Mrs.P.Veena Suresh Standing Counsel
O R D E R
This petition has been filed to declare the land acquisition proceedings in respect of 0.57 acres of land in Survey No.3/4B in Cithamanur Village, Chengalpet Taluk, Kancheepuram District of the petitioners covered under Award No.8 of 1979 passed on 21.03.1980 by the fifth respondent herein as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2.Heard learned counsel for the petitioners and the learned Additional Advocate General appearing for the respondents. 3.The case of the petitioners is that they are the children of late Santhiyan who died on 4.1.2001 and their mother also died on 9.2.2003. They are the joint owners of the property of an extent of 57 cents of land in S.No.3/4B in Cithamanur Village, Chengalpet Taluk, Kancheepuram District which was sought to be acquired under the provisions of Land Acquisition Act, 1894 for formation of New Satellite Town known as Maraimalai Nagar near Kattankulathur by the then Madras Metropolitan
Development Authority. According to the petitioners, till date they are in possession and enjoyment of the said land. However, on the basis of the land acquisition proceedings under the Act 1894 which have since lapsed, the respondents are threatening to interfere with peaceful possession and enjoyment of their property. Hence, the present Writ Petition has been filed. 4.According to the petitioners, admittedly, the respondents have not taken any steps to form the house sites in the lands subject matter of the acquisition. Till date, the possession of the subject land has not been taken and the same still remains with the petitioners and no compensation amount has been paid to the petitioners.
Therefore, the land acquisition proceedings initiated under the Central Act 1894 have been lapsed in view of the non compliance of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore, the petitioners made a representation to the respondents to drop the acquisition proceedings. Till date, no action was taken, hence, the present Writ Petition has been filed before this Court seeking appropriate remedy.
taken and handed over to the requisitioning body and in view of the decision of the Hon'ble Supreme Court in Indore Development Authority Vs. Manoharlal and ors etc., (2020 SCC Online SC 316), the acquisition proceedings have not lapsed and this petition deserves to be dismissed. 5.A careful perusal of the contention reveal that possession has been taken by the Government. Though it is reiterated by the petitioners, however, no material whatsoever has been placed to substantiate the same. In such circumstances, the decision of the Hon'ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and ors etc., is squarely applicable to the case on hand.
6.For better appreciation, the relevant portion of the decision in the case of Indore Development Authority Vs. Manoharlal and ors etc., (2020 SCC Online SC 316), is quoted hereunder:- ''374.Before proceeding further, in our opinion, Section 24 contemplates pending proceedings and not the concluded ones in which possession has been taken, and compensation has been paid or deposited.
Section 24 does not provide an arm or tool to question the legality of proceedings, which have been undertaken under the Act of 1894 and stood concluded before five years or more. It is only in cases where possession has not been taken, nor compensation is paid, that there is a lapse. In case possession has been taken, and compensation has not been deposited with respect to majority of landholdings, the beneficial provision of the statute provides that all beneficiaries shall be paid compensation as admissible under the Act of 2013. The beneficiaries, i.e., landowners contemplated under the proviso to Section 24(2), are the ones who were so recorded as beneficiaries as on the date of issuance of notification under Section 4 of the Act of 1894. 227 (2006) 3 SCC 286 The provision is not meant to be invoked on the basis of void transactions, and by the persons who have purchased on the basis of power of attorney or otherwise, they cannot claim the benefit under Section 24 as is apparent from proviso to Section 24 (2) and the decision in Shiv Kumar & Ors. v. Union of India and Ors.''
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402. 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 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 of nondeposit 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 nondeposit 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 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. 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.From the above, it is evident that the Hon'ble Supreme Court has settled all the issues, including the grounds raised by the petitioners. That apart, the acquisition proceedings have been completed and the subject land was taken over by the Government and the same was handed over to the requisitioning body. Further, the requisitioning body also deposited the compensation as awarded by the Land Acquisition Officer. Therefore, the
petitioners failed to satisfy the twin requirements under Section 24 (2) of the 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 dictum laid down by the Hon'ble Supreme Court, the issues raised by the petitioners having been settled, the acquisition proceedings have not lapsed by operation of law under Section 24 (2) of the new Act i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In view of the settled position of law, the Writ Petition is devoid of merits and is liable to be dismissed. 8.Accordingly, the Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
30.08.2022 Index : Yes/No Internet : Yes/No pam
M.DHANDAPANI, J.
pam To 1.The 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.
5.The Special Tahsildar (Land Acquisition), Maraimalai Nagar Scheme, Kattankolathur, Kanchipuram District.
30.08.2022