Madras High CourtWP/7529/2016dismissed

Smt. M.Parvatha (Deceased) v. The State Of Tamil Nadu

2024-02-22Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN

1. M.Parvatha (deceased)

2. Lakshmibai

3. Devisree

4. R.Vijaya Sarangapani [P3 and P4 are substituted as Lrs of the deceased P1 as per order dated 21.11.2023 in W.M.P.No.32341 of 2022] ... Petitioners Vs.

1 The State of Tamil Nadu Rep. by its Secretary Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai-600 009.

2 The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Salem-9 3 The Commissioner of Land Administration, Chepauk, Chennai-600 005. ... Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the land acquisition proceedings acquiring the land of the petitioners in survey No. 32/2 measuring an extent of 3.11.5 hectares situated in Neikarapatti Village Salem District relating to 4(1) Notification in G.O.3(D) No. 732 dated 12.10.1992 and Section 6 Declaration in G.O. 3(D) NO. 642 dated 16.09.1993 has lapsed in view of Section 24(2) of land Acquisition Act 2014.

For Petitioner 1 :Died For Petitioners 2 to 4 : Mr.S.Parthasarathy Senior Advocate for Mr.J.Ramakrishnan For Respondents : Mr.J.Ravindran, AAG Assisted by Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Declaration, declaring that the land acquisition proceedings acquiring the petitioners' in Survey No. 32/2, measuring an extent of 3.11.5 hectares, situated in Neikarapatti Village, Salem District, relating to Notification under Section 4(1) in G.O.3(D) No. 732, dated 12.10.1992 and Section 6 Declaration in G.O. 3(D) NO. 642, dated 16.09.1993 had lapsed in view of Section 24(2) of New Land Acquisition Act of 2013.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. The New Act i.e., Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 come into force on 01.01.2014. The possession is still with the petitioner and the possession has not been taken over by the acquisition body. However, it is reported that already Award amount was deposited

before the Civil Court concerned as per Section 24 of the New Act, and if one of the condition is complied with, ie., either the amount has been deposited or possession has taken, the lapse under Section 24(2 ) of the New Act would not get attracted. The possession is still with the petitioner. Since one of the condition is complied with, lapse under Section 24(2) of land Acquisition Act 2014 would not get attracted.

4. In view of the above, the Writ Petition is dismissed. There shall be no order as to costs.

22.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The State of Tamil Nadu Rep. by its Secretary Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai-600 009.

2 The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Salem-9 3 The Commissioner of Land Administration, Chepauk, Chennai-600 005.

P.VELMURUGAN, J.

mfa 22.02.2024