P.Bhimraj v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.17115 of 2020 and WMP No.21179 of 2020 P.Bhimraj .... Petitioner -Vs1.The State of Tamil Nadu Rep.by its Secretary to Government Housing and Urban Development Department Secretariat, Fort St.George Chennai 600 009.
2.The Managing Director Tamil Nadu Housing Board Chennai-35.
3.The Executive Engineer & Administrative Officer K.K.Nagar Division Tamil Nadu Housing Board Chennai 600 083.
4.The Tahsildar Tambaram.
.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, to declare the entire land acquisition proceedings relating to proceedings of the 1st respondent for the benefit of the 2nd respondent and covered in respect of lands belonging to the petitioners comprised in S.F.233/4A to the extent of 0.33 cents which lapses by virtue of the operation of the provisions 1 / 6
contained in Section 24(2) of the Right to Fair Compensation and Transparency in and Acquisition Rehabilitation and Resettlement Act (Act 30/2023). For Petitioner :
Mr.P.Senguttuvel Senior Counsel for Mr.Vikram Veerasamy For Respondents :
Mr.M.R.Gokulkrishnan Additional Government Pleader for R1 & R4 Mr.A.M.Ravindranath Jayapal for R2 & R3
ORDER
This writ petition was filed seeking for a declaration to declare the entire land acquisition proceedings to have lapsed by virtue of the operation of the procedure assigned under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2.When the matter was taken up for hearing, the learned Senior Counsel appearing on behalf of the petitioner submitted that the 1st respondent took a decision for Constitution of Special Committee in order to deal with those cases where the main object of the acquisition no longer subsists and for withdrawal of the acquisition proceedings with respect to those lands, Accordingly, G.O.Ms.No.179, dated 04.10.2024 was issued wherein the acquisition proceedings with respect to lands in 2 / 6
various Districts was decided to be released from the acquisition proceedings in Madurai Region and Salem Region. Subsequently, G.O.Ms.No.247 dated 23.12.2024 was issued wherein several lands which fell within the Chennai Region was withdrawn from the acquisition proceedings. In view of the same, the petitioner made a representation dated 05.11.2024 seeking for releasing his lands from the acquisition proceedings under the Chief Minister Beneficial Scheme called as 'Mudhalvarin Munneduppu Thittam'.
3.The learned Senior Counsel also brought to the notice of this Court G.O.Ms.No.10, dated 23.01.2025, whereby a Special Committee has been constituted and they have been directed to consider the grievances expressed by the public relating to acquisition made for Housing Board with respect to seeking no objection certificate, reconveyance of lands etc. It was submitted that the claim made by the petitioner can be considered in the light of the present G.O that has been issued. 4.The learned Additional Government Pleader appearing on behalf of the 1st and 4th respondents and the learned Standing Counsel appearing on behalf of the 2nd and 3rd respondents submitted that the representation made by the petitioner on 05.11.2024, will be dealt with on its own merits and in accordance with law and a decision will be taken by the Special Committee within the time frame fixed by this Court.
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5.In the light of the limited relief sought for by the petitioner, it is not necessary for this Court to go into various grounds that has been raised in this writ petition. It will suffice if a direction is issued to the 2nd respondent to place the representation made by the petitioner on 05.11.2024, before the Special Committee and the same will be considered by the Committee on its own merits and in accordance with law and a decision will be taken. This process shall be completed within a period of three months from the date of receipt of copy of the order. 6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 04.03.2025 Index : Yes/No NCS : Yes/No KP 4 / 6
To 1.Secretary to Government The State of Tamil Nadu Housing and Urban Development Department Secretariat, Fort St.George Chennai 600 009.
2.The Managing Director Tamil Nadu Housing Board Chennai-35.
3.The Executive Engineer & Administrative Officer K.K.Nagar Division Tamil Nadu Housing Board Chennai 600 083.
4.The Tahsildar Tambaram.
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N.ANAND VENKATESH, J.
KP Writ Petition No.17115 of 2020 04.03.2025 6 / 6