Madras High CourtWP/14507/2017dismissed

V.Rathinavelu, v. State Of Tamil Nadu,

2021-08-31Honourable Mr Justice G.K. Ilanthiraiyan14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NOS.14507 & 13859 OF 2017 AND WMP.NOS.15739 & 21519 OF 2017, 6747 OF 2018 AND WMP.NOS.15044 & 21518 OF 2017, 6746 OF 2018 WP.No.14507 of 2017 V.Rathinavelu

...Petitioner

Vs.

1. State of Tamilnadu, Rep. by its Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai 600 009.

2. The District Collector, Collectorate, Villupuram, Villupuram District 605 602.

3. The District Adi Dravidar Welfare Officer, Collectorate, Villupuram, Villupuram District 605 602.

4. The Special Tahsildar, Adi Dravidar Welfare Office, Kallakurichi, Villupuram District 606 202.

5. The Tahsildar, Taluk Office, Sankarapuram Taluk, Villupuram District 606 401.

6. The Village Administrative Officer, Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District 605 801.

7. Mangai

8. Selvi

9. Tamilarazi 10.Suralammal 11.Sumathi 12.Anjalakshi 13.Banumathi 14.Malar 15.Purani 16.Saritha

17.Sakundhala (R7 to 17 are impleaded as per order dated 01.02.2018 in WMP.No.20813 of 2017 in WP.No.14507 of 2017) 18.Neela 19.Sheela 20.Pattammal 21.Thilagam 22.Gengaiyammal 23.Thoppuli 24.Palaniyammal 25.Pappa 26.Rajathi 27.Veerammal 28.Alamelu 29.Indirani 30.Chinnapillai 31.Gowriyammal 32.Panchalai 33.Saroja 34.Chinnapillai 35.Nagammal 36.Manjula 37.Rani 38.Banu 39.Palaniyammal 40.Dhanalakshmi 41.Rajeshwari 42.Manimegalai 43.Tamilselvi 44.Veerammal 45.Selvi 46.Palaniyammal 47.Amudha 48.Kantha 49.Anjalai 50.Veerammal 51.Kuppammal 52.Unnamalai 53.Alamelu 54.Arumbu 55.Sudha 56.Vijiya 57.Vijiya 58.Santhi 59.Annammal 60.Nirmala 61.Govindammal 62.Parimala 63.Thilagavathi

64.Ariyamala 65.Parvathi 66.Mahalakshmi 67.Chandira 68.Panchayi 69.Malliga 70.Arulmozhi 71.Kamatchi 72.Kala 73.Panjalidevi 74.Sumathi 75.Thurobatha 76.Palaniyammal 77.Chellam 78.Valarmathi 79.Parvathi 80.Ayyammal 81.Ayyammal 82.Arayi 83.Anjalai 84.Rani 85.Jeyashwari 86.Panchavarnam 87.Kalai Amutha 88.Dhalalakshmi 89.Rani 90.Poongavanam 91.Periya 92.Tamilselvi 93.Parimala 94.Asothai 95.Tamaraiselvi 96.Poonga 97.Revathy 98.Arumbu 99.Malliga 100.Veerammal 101.Muniyammal 102.Anandhi 103.Selvamani 104.Parvathi 105.Pattammal 106.Lakshmi 107.Maili 108.Angammal 109.Parvatham 110.Ellammal 111.Unnamalai 112.Malathi

113.Ramayi 114.Thoppuli 115.Chithra 116.Vatchala 117.Parameswari 118.Radha 119.Amsavalli 120.Vijaya 121.Vijiya 122.Pathma 123.Thavamani 124.Pappaththi 125.Kalpana 126.Manjula 127.Sasikala 128.Kamatchi 129.Kanagavalli 130.Amirdham 131.Santhi 132.Anjalai 133.Dilli 134.Chandra 135.Sivagami 136.Valli 137.Rajammal 138.Dhanalakshmi 139.Ellammal 140.Chandra 141.Saroja 142.Kamatchi 143.Arukkani 144.Anjalai 145.Kavitha 146.Jothilakshmi 147.Mariyammal 148.Arayi 149.Poongavanam 150.Pathma (R18 to R150 impleaded as per order dated 31.08.2021 in WMP.No.22830 of 2018 in WP.No.14507 of 2017)

...Respondents

4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act No.31 of 1978) and it was published in Villupuram District Gazattee dated 19.09.2005 and the fourth respondent's impugned award proceedings Na.Ka.No.350/04 dated .01.2006, shall be deemed to have been lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The Central Act No.30 of 2013) in respect of the petitioner's properties in Survey No.131/A3 and 104/4 and vide patta No.567, total extent of 1.70.50 hector, situated at Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District.

For Petitioner : Mr.J.Agni Selvaraju For Respondents For R1 to 6 : Mr.M.R.Gokul Krishnan, Government Advocate For R7 to 17 : Mr.R.Kumaravel WP.No.13859 of 2017 T.Apparasu

...Petitioner

Vs.

1. State of Tamilnadu, Rep. by its Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai 600 009.

2. The District Collector, Collectorate, Villupuram, Villupuram District 605 602.

3. The District Adi Dravidar Welfare Officer, Collectorate, Villupuram, Villupuram District 605 602.

4. The Special Tahsildar, Adi Dravidar Welfare Office, Kallakurichi, Villupuram District 606 202.

5. The Tahsildar, Taluk Office, Sankarapuram Taluk, Villupuram District 606 401.

6. The Village Administrative Officer, Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District 605 801.

7. Mangai

8. Selvi

9. Tamilarazi 10.Suralammal 11.Sumathi 12.Anjalakshi 13.Banumathi 14.Malar 15.Purani 16.Saritha 17.Sakundhala (R7 to 17 are impleaded as per order dated 16.04.2018 in WMP.No.20812 of 2017 in WP.No.13859 of 2017) 18.Neela 19.Sheela 20.Pattammal 21.Thilagam 22.Gengaiyammal 23.Thoppuli 24.Palaniyammal 25.Pappa 26.Rajathi 27.Veerammal 28.Alamelu 29.Indirani 30.Chinnapillai 31.Gowriyammal 32.Panchalai 33.Saroja 34.Chinnapillai 35.Nagammal 36.Manjula 37.Rani 38.Banu 39.Palaniyammal 40.Dhanalakshmi 41.Rajeshwari 42.Manimegalai 43.Tamilselvi 44.Veerammal 45.Selvi 46.Palaniyammal 47.Amudha 48.Kantha 49.Anjalai 50.Veerammal 51.Kuppammal 52.Unnamalai 53.Alamelu

54.Arumbu 55.Sudha 56.Vijiya 57.Vijiya 58.Santhi 59.Annammal 60.Nirmala 61.Govindammal 62.Parimala 63.Thilagavathi 64.Ariyamala 65.Parvathi 66.Mahalakshmi 67.Chandira 68.Panchayi 69.Malliga 70.Arulmozhi 71.Kamatchi 72.Kala 73.Panjalidevi 74.Sumathi 75.Thurobatha 76.Palaniyammal 77.Chellam 78.Valarmathi 79.Parvathi 80.Ayyammal 81.Ayyammal 82.Arayi 83.Anjalai 84.Rani 85.Jeyashwari 86.Panchavarnam 87.Kalai Amutha 88.Dhalalakshmi 89.Rani 90.Poongavanam 91.Periya 92.Tamilselvi 93.Parimala 94.Asothai 95.Tamaraiselvi 96.Poonga 97.Revathy 98.Arumbu 99.Malliga 100.Veerammal 101.Muniyammal 102.Anandhi

103.Selvamani 104.Parvathi 105.Pattammal 106.Lakshmi 107.Maili 108.Angammal 109.Parvatham 110.Ellammal 111.Unnamalai 112.Malathi 113.Ramayi 114.Thoppuli 115.Chithra 116.Vatchala 117.Parameswari 118.Radha 119.Amsavalli 120.Vijaya 121.Vijiya 122.Pathma 123.Thavamani 124.Pappaththi 125.Kalpana 126.Manjula 127.Sasikala 128.Kamatchi 129.Kanagavalli 130.Amirdham 131.Santhi 132.Anjalai 133.Dilli 134.Chandra 135.Sivagami 136.Valli 137.Rajammal 138.Dhanalakshmi 139.Ellammal 140.Chandra 141.Saroja 142.Kamatchi 143.Arukkani 144.Anjalai 145.Kavitha 146.Jothilakshmi 147.Mariyammal 148.Arayi 149.Poongavanam 150.Pathma

(R18 to R150 impleaded as per order dated 31.08.2021 in WMP.No.22829 of 2018 in WP.No.13859 of 2017)

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that the fourth respondent's impugned notification under Section 3 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) dated 22.02.2005 and the second respondent's impugned notification under section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act No.31 of 1978) and it was published in Villupuram District Gazattee dated 19.09.2005 and the fourth respondent's impugned award proceedings Na.Ka.No.350/04 dated .01.2006, shall be deemed to have been lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The Central Act No.30 of 2013) in respect of the petitioner's properties in Survey No.104/3A and 104/2B, vide patta Nos.227 and 918, total extent of 1.29.50 hector, situated at Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District.

For Petitioner : Mr.J.Agni Selvaraju For Respondents For R1 to 6 : Mr.M.R.Gokul Krishnan, Government Advocate For R7 to 17 : Mr.R.Kumaravel COMMON ORDER Both the writ petitions have been filed to issue a writ of declaration declaring that the fourth respondent's impugned notification under Section 3 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) dated 22.02.2005 and the second respondent's impugned notification under section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act No.31 of 1978) and it was published in Villupuram District Gazattee dated 19.09.2005 and the fourth respondent's impugned award proceedings Na.Ka.No.350/04 dated .01.2006, shall be deemed to have been lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The Central Act No.30

of 2013) in respect of the petitioners' respective properties situated at Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District.

Heard, Mr.J.Agni Selvaraju, learned counsel appearing for the petitioners, Mr.M.R.Gokul Krishnan, Government Advocate appearing for the respondents 1 to 6 and Mr.R.Kumaravel, learned counsel appearing for the respondent 7 to 17.

3. The petitioners already challenged the above acquisition proceedings in WP.Nos.4784 & 6009 of 2006 before this Court and the same were dismissed by order dated 23.09.2010. Aggrieved by the same, the petitioners also filed WA.Nos.383 of 2011 & 2397 of 2010 and the same were dismissed by this Court on 09.03.2011 and 05.01.2011.

4. In the present writ petitions, the petitioners challenged the very same acquisition proceedings on the ground that the beneficiaries who were issued free house site patta are not entitled to get patta since already they are wealthy persons. All the beneficiaries are having patta land and some of the beneficiaries are not married persons. Therefore, they are not entitled to get free house site patta.

5.The fourth respondent filed counter, which revealed that Adidravidar people of Vanapuram Village, Sankarapuram Taluk, Villupuram District represented to provide house site to them. Since no poramboke land was available, acquisition proceedings were initiated under Tamil Nadu Harijan Welfare Schemes Act 31/1978 and the District Collector had issued 4(2) authorization to acquire the following lands in Proc.M2/31134/04 dated 16.02.2005.

RS.No.

Classification Extent 104/2B Govt.dry land 0.58.0 hec 104/3A Govt.dry land 0.71.5 hec 104/4 Govt.dry land 1.05.0 hec 131A/3 Govt.dry land 0.65.5 hec ------------ 3.00.0 hec or 7.41 acres In the above mentioned lands, the lands in RS.No.131/A3, 104/4, 104/2B, 104/3A in patta No.567, 918 & 227 were in the name of the petitioners herein. Hence, 3(1) notice in Form 1 under Section 4(2) of Tamil Nadu Acquisition Act (Act No.31 of 1978) was issued to the petitioners and wide publicity was also made. Accordingly 4(2) enquiry was conducted on 17.03.2005 in the village. The petitioners appeared for the enquiry and presented an objection petition. The objections were ruled out and 4(1)

notification was published in Villupuram District Gazattee No.17 dated 19.09.2005 and it was published in the locality. The land value was also fixed by collecting sales statistics and Award enquiry was conducted on 04.01.2006. However, the petitioners refused to accept the determination of the land value. The award was passed in No.2/2005-2006 on 04.01.2006 and the compensation amount of Rs.3,19,555/- for the above said acquired land was deposited in Revenue Deposit in Sub Treasury, Kallakurichi on 20.01.2006.

6.Therefore, the possession of the respective lands was already taken over and handed over to 144 beneficiaries and they were also issued patta. Insofar as compensation is concerned, already deposited on 20.01.2006. Therefore, the writ petitions having been filed on the ground as contemplated under Section 24

(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, they failed to prove the same.

7. The grounds raised by the petitioners in the Writ Petitions have already been settled by the Hon'ble Supreme Court of India in the judgment reported in (2020) 8 SCC 129 in the case of Indore Development Authority Vs. Manoharlal and ors etc., which held as follows :- "366. In view of the aforesaid discussion, we answer the questions as under:

1. Under the provisions of Section 24(1)(a) in case the award is not made as on 1.1.2014 the date of commencement of Act of 2013, there is no lapse of proceedings. Compensation has to be determined under the provisions of Act of 2013.

2. In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Section 24(1)(b) of the Act of 2013 under the Act of 1894 as if it has not been repealed.

3. The word or used in Section 24(2) between possession and compensation has to be read as nor or as and. The deemed lapse of land acquisition proceedings under Section 24(2) of the Act of 2013 takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been

paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.

4. The expression 'paid' in the main part of Section 24(2) of the Act of 2013 does not include a deposit of compensation in court. The consequence of non-deposit is provided in proviso to Section 24(2) in case it has not been deposited with respect to majority of land holdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Section 4 of the Act of 1894 shall be entitled to compensation in accordance with the provisions of the Act of 2013. In case the obligation under Section 31 of the Land Acquisition Act of 1894 has not been fulfilled, interest under Section 34 of the said Act can be granted. Non-deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of nondeposit with respect to the majority of holdings for five years or more, compensation under the Act of 2013 has to be paid to the "landowners" as on the date of notification for land acquisition under Section 4 of the Act of 1894.

5. In case a person has been tendered the compensation as provided under Section 31(1) of the Act of 1894, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to nonpayment or non-deposit of compensation in court. The obligation to pay is complete by tendering the amount under Section 31(1). Land owners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the Act of 2013.

6. The proviso to Section 24(2) of the Act of 2013 is to be treated as part of Section 24(2) not part of Section 24(1)(b).

7. The mode of taking possession under the Act of 1894 and as contemplated under Section 24(2) is by drawing of inquest report/ memorandum. Once award has been passed on taking possession under Section 16 of the Act of 1894, the land vests in State there is no divesting provided under Section 24(2) of the Act of 2013, as once possession has been taken there is no lapse under Section 24(2).

8. The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take

possession and pay compensation for five years or more before the Act of 2013 came into force, in a proceeding for land acquisition pending with concerned authority as on 1.1.2014. The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.

9. Section 24(2) of the Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of enforcement of the Act of 2013, i.e., 1.1.2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition."

8. The Hon'ble Supreme Court of India settled all proposition of law in the above judgment including the grounds raised by the petitioners. That apart, possession of the respective lands was already taken over and handed over to 144 beneficiaries and they were also issued patta. Insofar as compensation is concerned, already deposited on 20.01.2006. Therefore, the petitioners failed to satisfy the twin requirements under Section 24 (2) of the New Act, i.e., the physical possession of the land was not taken and the compensation has not been paid/tendered/deposited in accordance with law. In view of the dictum laid down by the Hon'ble Supreme Court of India, the issues raised by the petitioners were settled and therefore, the acquisition proceedings have not been lapsed by operation of law under Section 24 (2) of the new Act i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In view of the settled position of law, the writ petitions are devoid of merits and liable to be dismissed.

In the result, the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar lok

1. The Secretary to Government, State of Tamilnadu, Adi Dravidar Welfare Department, Secretariat, Chennai 600 009.

2. The District Collector, Collectorate, Villupuram, Villupuram District 605 602.

3. The District Adi Dravidar Welfare Officer, Collectorate, Villupuram, Villupuram District 605 602.

4. The Special Tahsildar, Adi Dravidar Welfare Office, Kallakurichi, Villupuram District 606 202.

5. The Tahsildar, Taluk Office, Sankarapuram Taluk, Villupuram District 606 401.

6. The Village Administrative Officer, Vanapuram Village, Ariyalur Post, Sankarapuram Taluk, Villupuram District 605 801.

+2ccs to Mr.J.Agni Selvaraju, Advocate, S.R.No.44160 +1cc to Mr.R.Kumaravel, Advocate, S.R.No.43615 +1cc to the Government Pleader, S.R.No.43906 WP.Nos.14507 & 13859 of 2017 SVI(CO) RLP(08/12/2021)