Chandra v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Chandra ..

Appellant Vs.

1. The Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Chennai.

2. The Tamil Nadu Housing Board Rep. by its Chairman cum Managing Director Nandanam, Mount Road Chennai 600 035.

3. The District Collector Krishnagiri District.

4. The Special Tahsildar Land Acquisition Housing Section Hosur 635 109.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the

order dated 18.08.2021 made in W.P.No.10388 of 2015. For the Appellant : Ms.K.Abirami For Ms.V.Srimathi For the Respondents : Mr.K.Karthik Jegannath Government Advocate for Respondents 1, 3 & 4 Mr.A.M.Ravindranath Jayapaul for Respondent-2

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Ms.K.Abirami, learned counsel for Ms.V.Srimathi, learned counsel for the appellant, Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1, 3 and 4 and Mr.A.M.Ravindranath Jayapaul, learned counsel for the second respondent.

2. The appellant filed a writ petition bearing No.10388 of 2015. The appellant sought declaration that the entire land acquisition proceedings initiated pursuant to Section 4(1)

notification dated 22.03.1991 has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. The writ petition was dismissed. Aggrieved thereby, the present appeal.

3. Learned counsel for the appellant submits that though the award has been passed under the Land Acquisition Act, 1894, the possession was not taken and the compensation amount was not paid. In view of that, Section 24(2) of the Act of 2013 is squarely attracted.

4. A counter has been filed by the second respondent. It has been clarified that earlier, the appellant had filed the writ petition challenging the acquisition proceedings. The same was dismissed and confirmed by the Apex Court. The entire compensation has been deposited in the name of Special Deputy Collector. It also appears that the present appellant had filed reference under Section 18 of the Land Acquisition Act for enhancement of compensation and

thereafter, has filed Execution petition for recovery of the enhanced compensation granted by the Reference Court.

5. The case is squarely covered by the judgment of the Apex Court in the case of Indore Development Authority v. Manoharlal [(2020) 8 SCC 129].

6. The learned Single Judge has not committed any error in dismissing the writ petition. Accordingly, the appeal is dismissed. There shall be no order as to costs. Consequently, C.M.P.No.12158 of 2023 is also dismissed.

(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index : Yes/No kpl

To

1. The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai.

2. The Chairman cum Managing Director Tamil Nadu Housing Board Nandanam, Mount Road Chennai 600 035.

3. The District Collector Krishnagiri District.

4. The Special Tahsildar Land Acquisition Housing Section Hosur 635 109.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl) 19.01.2024