A.Ramachandra Babu v. The Special Tahsildar (La) Unit-1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2024

CORAM

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

1. A.Ramachandra Babu

2. R.Rajalakshmi ..

Appellants Vs.

1. The Special Tahsildar (LA) Unit - 1 MRL Aromatic Scheme Saidapet, Chennai - 600 015.

2. Madras Refineries Limited (CPCL) Aromatic Complex, Saidapet Chennai - 600 015.

3. The Company Secretary Chennai Petroleum Corporation Limited No.552, Anna Salai, Chennai - 18.

4. M/s.Toshiba JSW Turbine and Generator Pvt. Ltd. Andarkuppam Check Post Manali New Town, Chennai - 600 103.

..

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

order in W.P.No.3768 of 2022 dated 12.07.2023. For the Appellants : Mr.N.Thirumalai For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.N.Thirumalai, learned counsel for the appellants and Mr.C.Kathiravan, learned Special Government Pleader for the first respondent.

2. The land of the appellants was acquired. It is submitted that the award was passed in the year 1992. The appellants filed a reference under Section 18 of the Land Acquisition Act, 1894 [in short, the Act of 1894"] for enhancement of the compensation amount. In the year 2009, the property was transferred to the fourth respondent for higher amount. The appellants acquired 40% share in the higher amount, for which, the land was transferred in favour of the fourth respondent. Learned Single Judge dismissed

the writ petition. Aggrieved thereby, the present writ appeal.

3. Learned counsel appearing for the appellants submits that Section 102 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for brevity, "the Act of 2013"] has not been considered by the learned Single Judge.

4. As per Section 102 of the Act of 2013, "whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, without any development having taken place on such land, forty per cent of the appreciated land value shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired within a period of five years from the date of acquisition".

5. In the present case, the transfer admittedly is after a lapse of more than seventeen years. The appellants have also received the higher compensation amount. The land is acquired under the Act of 1894 and not under the Act of 2013. The ingredients of Section 102 of

the Act of 2013 are not satisfied in the present case.

6. In the light of that, no case for interference is made out. The writ appeal, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.03.2024 Index : Yes/No drm

To

1. The Special Tahsildar (LA) Unit - 1 MRL Aromatic Scheme Saidapet, Chennai - 600 015.

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

(drm) 11.03.2024