← Library
Madras High CourtWP/27648/2018disposed of

D.Andal v. The Government Of Tamil Nadu

2026-03-25Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 32194 OF 2018 D.Andal, Wife of V.Logu, 36-A, Selvam Nagar Extension, Thiagarajan Main Road, Ponniammanmedu, Chennai - 600 110.

Petitioner(s) Vs 1.The Government of Tamil Nadu, Represented by Deputy Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Kancheepuram, Kancheepuram District.

3.Land Acquisition Officer and Special Tahsildar (Land Acquisition), Unit-I, Outer Ring Road Project, Chennai Metropolitan Development Authority, Chennai - 600 008.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Declaration, declaring that land acquisition

proceedings initiated under the Land Acquisition Act, 1894, in respect of Plot No.91, Sundar Nagar, in No.82, Varadarajapuram Village, Sriperumbudur Taluk, Chengelput District, comprised in Survey No. 304 in the Sub-District of Tambaram, measuring 2381 Sq.Ft., registered as Doc.No.4129 of 1978 on the file of the SRO, Padappai, covered by the Notification in G.O. Ms.No.178, Housing and Urban Development Department, dated 19.04.2000, under Section 4 of the Land Acquisition Act, 1984 (Central Act 1 of 1984, the Notification in G.O. Ms. 279, Housing and Urban Development, UD 3(2), 25th May 2001, under Section 6 of the Land Act, 1984 (Central Act 1 of 1984) and the Award No.5/2003 dated 22.05.2003 in Rc.No.11/97 made by Land Acquisition Officer and Special Tahsildar (Land Acquisition).

Unit-I, Outer Ring Road Project, Chennai Metropolitan Development Authority, Chennai - 600 008 under Section 11 of the Land Acquisition Act (I of 1894), in respect of lands of the Petitioner, are deemed to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Act 30 of 2013) and to direct the Respondents to fix the compensation under the said Act 30 of 2013 within the period fixed by this Court.

For Petitioner(s):

Mr.K.Ramanraj For Respondent(s):

Mr.T.K.Saravanan Additional Government Pleader For R1 & R2 Mr.M.Thamari Selvan For R3

ORDER

This writ petition has been filed seeking to declare the acquisition proceedings in respect of the property more fully described in the prayer to this

writ petition as lapsed as per the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.Learned counsel for the petitioner would submit that as early as on 15.11.1978, a sale deed was executed in favour of the petitioner in respect of the subject property. The 3rd respondent without issuing any notice has initiated the impugned acquisition proceeding. However, till date the possession of the subject property was not taken over and the compensation was also not deposited. Therefore, as per the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, the impugned acquisition proceedings got lapsed. Hence, the present writ petition has been filed seeking to declare the impugned acquisition proceedings as lapsed.

3.Per contra, learned counsel appearing for the 3rd respondent would submit that the acquisition was made for the purpose of laying outer link road. The possession was taken over and the road has also been laid. Furthermore, the compensation was already deposited before the Poonamallee Court. Therefore, the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, would not attract the present case.

4.In reply, learned counsel for the petitioner would submit that the particulars of land acquisition original petition has not been served to the petitioner. Learned counsel appearing for the 3rd respondent would submit that he would serve the particulars to the petitioner. 5.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent.

6.Considering the submissions made by both the parties, it is evident that in the present case the property more fully described in the prayer to this writ petition has been acquired and the outer link road has also been laid and the compensation was also deposited before the Poonamallee Court. Therefore, the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, would not attract the present case. However, the 3rd respondent is directed to serve the particulars of the land acquisition original petition in respect of the subject property to the petitioner.

7.In view of the above, this writ petition stands dismissed with liberty to make a representation before the 2nd respondent for enhancement of

compensation within a period of eight (8) weeks from the date of receipt of a copy of this order, if so advised. No costs. Consequently, connected miscellaneous petition is closed.

25-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Government of Tamil Nadu Represented by Deputy Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Kancheepuram, Kancheepuram District.

3.Land Acquisition Officer and Special Tahsildar (Land Acquisition), Unit-I, Outer Ring Road Project, Chennai Metropolitan Development Authority, Chennai - 600 008.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 32194 OF 2018 25-03-2026