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Madras High CourtWP/30152/2015disposed of

Mrs.Pankajam Vilwanathan, v. The Secretary To The State,

2023-11-01Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Pankajam Vilwanathan ... Petitioner Vs.

1. The Secretary to the State, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

2. The Special Deputy Collector, Land Acquisition Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008. ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration to declare that the Land Acquisition Proceedings initiated by the respondents under Section 4(1) of the Land

Acquisition Act under GO Ms.248 Housing and Urban Development Department dated 09.03.1994 in respect of the petitioner property mentioned in schedule and all further consequential proceedings of the respondents under the Land Acquisition Act 1 of 1894 (Old Act) lapses in so far as the petitioner's schedule mentioned lands are concerned, in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 ( New Act 30/13) and to pass further orders. For Petitioner : Mr.T.Sundar Rajan For R1 : Mr.V.Veluchamy Additional Government Pleader For R2 & R3 : Mr.P.Veena Suresh

O R D E R

This Writ Petition has been filed to issue a Writ of Declaration to declare that the Land Acquisition Proceedings initiated by the respondents under Section 4(1) of the Land Acquisition Act under GO Ms.248 Housing and Urban Development Department dated 09.03.1994 in respect of the petitioner property mentioned in schedule and all further consequential proceedings of the respondents under the Land

Acquisition Act 1 of 1894 (Old Act) lapses in so far as the petitioner's schedule mentioned lands are concerned, in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 ( New Act 30/13).

2. This Court vide order dated 19.10.2023, directed the respondents to clarify as to whether the land which was acquired under Land Acquisition Act 1894 was taken over possession by the respondents and whether the petitioner has received the award amount.

3. Today when the matter is taken up for hearing, the learned counsel appearing for the respondents submitted that the land acquired under the scheme of acquisition was in possession by the first respondent on 03.04.2000 itself and the award amount was also deposited on the file of the Subordinate Court, Ponneri on 12.12.2001 itself. Prior to the commencement of amended Act, acquisition proceeding was completed, possession was also taken over and award amount also deposited.

4. In view of the above submission made by the learned counsel for the respondents, the petitioner is not entitled to get the relief as sought for in the present writ petition. However, the petitioner is permitted to withdraw the said award amount which is lying before the civil court concerned.

5. With the abovesaid direction, the Writ Petition is disposed of. No costs.

01.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Secretary to the State, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

2. The Special Deputy Collector, Land Acquisition Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

P.VELMURUGAN, J.

mfa 01.11.2023