Badrinarayan Goidani v. The Secretary To Government

2025:MHC:2683

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WA Nos. 1968, 1971 to 1974 & 1978 of 2023 and CMP Nos. 16741, 16744, 16748 & 16759 OF 2023 1.Badrinarayan Goidani ... Appellant in WA No.1968/2023 2.Gandhimathi Nadanam ... Appellant in WA No.1971/2023 3.Bansidhar Sarada ... Appellant in WA No.1972/2023 4.Giraj Kumar Jetha ... Appellant in WA No.1973/2023 5.Ramachandar Sarada ... Appellant in WA No.1974/2023 6.Giraj Kumar Jetha ... Appellant in WA No.1978/2023 Vs 1.The Secretary to Government Page No.1 of 9

Housing and Urban Development Department, Fort St. George, Chennai600009.

2.The District Collector Thiruvallur District, Thiruvallur 3.The Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600 035 4.The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi irwin Road, Egmore, Chennai 08 5.The Special Deputy Collector (Land Acquisition)Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi irwin Road, Egmore, Chennai 6.The Chennai Metro Rail Ltd., Rep by District Revenue officer, Project Implementation officer Poonamallee High Road, Koyambedu, Chennai 600 107 Respondent(s) in WA 1968, 1971, 1973 & 1978/2023 WA No. 1968 of 2023 Page No.2 of 9

PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the Order passed by the Learned Judge in WP.No.2834 of 2018, dated 13.09.2021 WA No. 1971 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the Learned Judge in WP No.2747 of 2018 dated 13.09.2021. WA No. 1972 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set a side the order passed by the Learned Judge in W.P.No. 25513 of 2018 dated 13.09.2021 WA No. 1973 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in WP.No. 25510 of 2018, dated 13.09.2021. WA No. 1974 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order Page No.3 of 9

passed by the learned Judge in WP No.25512 of 2018 dated 13.09.2021 WA No. 1978 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the Learned Judge in WP No.25511 of 2018, dated 13.09.2021 For Appellant(s):

Mr.G.S.Mohan (In All Was) For Respondent(s): Mr.S.Senthilmurugan Special Government Pleader For R1 & R2 (In WA 1968, 1971, 1973 & 1978/2023) For R1 (in WA 1972 & 1974 /2023) Mr.Vadivelu Deenadayalan Additional Government Pleader For R5 (In WA 1968, 1971, 1973 & 1978/2023) For R4 (In WA 1972 & 1974/2023) Mr.R.Sivakumar For M/s.Siva & Sesu Associates For R4 (In WA 1968, 1971, 1973 & 1978/2023) For R3 (In WA 1972 & 1974/2023) Mr.B.Vijay [For CMRL] For R6 (In WA. 1968, 1971, 1973 & Page No.4 of 9

1978/2023) For R5 (In WA 1972 & 1974/2023) Dr.N.Moorthi For R3 (In WA. 1968, 1971, 1973 & 1978/2023) For R2 (In WA 1972 & 1974/2023) COMMON JUDGMENT (Judgment was delivered by S.M.Subramaniam J.) The present Intra-Court Appeals have been instituted challenging the common writ order dated 13.09.2021. Writ petitioners are the appellants before this Court.

2. Writ petitions have been instituted seeking declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned Single Judge adjudicated the issues and found that the appellants are not entitled to Page No.5 of 9

avail the benefits contemplated under Section 24(2) of the Land Acquisition Act, 2013.

3. It is not in dispute between the parties that land acquisition proceedings ended in all respects and the lands acquired were handed over to Chennai Metro Rail Limited (CMRL). The compensation determined has been deposited in accordance with law. In view of the fact that the twin conditions contemplated under Section 24(2) of the Act had been complied with, the erstwhile landowners have no right to claim the relief of lapse under the said provisions.

4. That apart, all the appellants are subsequent purchasers. In respect of the subsequent purchasers, they have no right to question the validity of the land acquisition proceedings and for all these reasons the order impugned dated 13.09.2021 passed by the writ court stands confirmed.

5. Accordingly, the Writ Appeals Stand dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. Page No.6 of 9

(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Note: Registry is directed to remaining cause title. To 1.The Secretary To Government Housing and Urban Development Department, Fort St. George, Chennai600009.

2.The District Collector Thiruvallur District, Thiruvallur 3.The Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600 035 4.The Member Secretary Page No.7 of 9

Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi irwin Road, Egmore, Chennai 08 5.The Special Deputy Collector (Land Acquisition)Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi irwin Road, Egmore, Chennai 6.The Chennai Metrorail Ltd., Rep by District Revenue officer, Poject Implementation officer Poonamallee High Road, Koyambedu, Chennai 600 Page No.8 of 9

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

Jeni WA Nos. 1968, 1971 to 1974 & 1978 of 2023 06-11-2025 Page No.9 of 9