V.Murali v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN V.Murali ... Petitioner Vs.
1. The Secretary to Government, Housing & Urban Development, Fort St.George, Chennai - 600 009.
2. The Collector, Thiruvallur District, Thiruvallur.
3. The Special Tahsildar, (Land Acquisition), Chennai Metropolitan Development Authority, No.71, Annasalai, Guindy, Chennai - 600 032.
4. The Chairman, The Tamilnadu Housing Board, Chennai - 600 035.
5. The Managing Director,
Tamil Nadu Housing Board, Chennai - 600 035. ... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare the acquisition of S.No.373/-Ac.0.553⁄4 out of Ac.0.66 in Mogappair village, Ambattur Taluk, Thiruvallur District under Award No.12/1983 dated 29.07.1983 stands lapsed.
For Petitioner : Mr.R.Gururaj For R1 to R3 : Mr.V.Veluchamy Additional Government Pleader For R4 & R5 : Mr.A.M.Ravindranath Jeyapal SC for TNHB
O R D E R
This Writ Petition has been filed to issue a Writ of Declaration to declare the acquisition of the land in S.No.373/- of an extent of Ac.0.55 3/4 out of Ac.0.66, in Mogappair village, Ambattur Taluk, Thiruvallur District under Award No.12/1983 dated 29.07.1983 stands lapsed.
2. Heard the learned counsel appearing for the petitioner, the
learned Additional Government Pleader appearing for the official respondents R1 to R3 and learned Standing Counsel for TNHB appearing for R4 and R5.
3. The petitioner has already filed a writ petition for re-conveyance of the land on the ground that it has been lapsed and the same was disposed of. Now, the present writ petition has been filed on the same ground that the acquisition proceedings has lapsed. The petitioner herein is none other than the subsequent purchaser. The original land owner has not challenged the award.
4. As possession was already taken and the compensation amount was also paid, the subsequent purchaser is not entitled to get the relief sought for in this writ petition. There is no question of lapse of the acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5. Under the above facts and circumstances, the writ petition is
dismissed. There shall be no order as to costs. 18.12.2023 mfa Index:Yes/No Speaking Order: Yes/No To
1. The Secretary to Government, Housing & Urban Development, Fort St.George, Chennai - 600 009.
2. The Collector, Thiruvallur District, hiruvallur.
3. The Special Tahsildar, (Land Acquisition), Chennai Metropolitan Development Authority, No.71, Annasalai, Guindy, Chennai - 600 032.
4. The Chairman, The Tamilnadu Housing Board, Chennai - 600 035.
5. The Managing Director, Tamil Nadu Housing Board, Chennai - 600 035.
P.VELMURUGAN, J.
mfa 18.12.2023