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SURYA KANT, UJJAL BHUYAN
Tamil Nadu Housing Board – Appellant
Versus
Poovatha – Respondent
ORDER :
1. Application for impleadment is allowed. Cause title be amended accordingly.
2. We are informed that in some of the cases the service is incomplete. However, it seems to us that all the land owners are not required to be heard as effective hearing have been accorded to them on representative basis.
3. Delay condoned.
4. Leave granted.
5. This batch of civil appeals have no similarity on facts as all the matters have arisen out of different acquisitions made by the State of Tamil Nadu under the provisions of the Land Acquisition Act, 1894 (in short, the “1894 Act”), for the purported public purpose of development of housing schemes by the beneficiary of the acquisition, namely, the Tamil Nadu Hosing Board (in short, the “Housing Board”) – appellant no.1. The reason that these matters have been clubbed together is the common question as to whether the subject acquisitions are deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, the “2013 Act”) and if so, whether the appellants are obligated to commence the acquisition process afresh in accordance with provisions of t
The court upheld the High Court's ruling that acquisitions lapsed under Section 24(2) of the 2013 Act due to non-compliance with compensation and possession requirements.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
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