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SURYA KANT, JOYMALYA BAGCHI
Chennai Metropolitan Development Authority, Represented by its Member Secretary – Appellant
Versus
Dharmalingam – Respondent
JUDGMENT :
SURYA KANT, CJI.
1. Delay condoned. Leave granted.
2. The Appellant-Chennai Metropolitan Development Authority is in appeal against the judgment dated 12.07.2013 (First Impugned Judgment) and the subsequent order dated 25.09.2014 (Second Impugned Order) passed by two different Division Benches of the High Court of Judicature at Madras (High Court). Vide the first judgment, the intra-court appeals preferred by the respondent-land owners were allowed, with a direction to release the acquired land in purported exercise of powers under Section 48-B of the Land Acquisition Act, 1894 (LA Act), as applicable in the State of Tamil Nadu. The second order was passed by the High Court, rejecting the Review Application preferred by the Appellant.
A. FACTS OF THE CASE
3. The relevant facts giving rise to the instant Appeals are presented hereafter:
(1) Release of acquired land – Scheme of Section 48-B of LA Act, does not envisage any enforceable right in favour of expropriated landowner to seek transfer of acquired land.(2) No timeline can be i....
Land once vested in the state cannot be reconveyed to the original owner unless specific legal conditions are met and public purpose is no longer required.
Section 48(1) of the Act and in view of the well settled legal position emerging from interpretation of Section 48(1) of the Act by the Supreme Court, it is clear as noon day, that since possession o....
Land Acquisition - Process of acquisition was completed way back in the year 1987-88. The petitioners have even received the compensation and did not raise any objection immediately thereafter. They ....
Point of law: when once the proceedings are completed, the question of application of Section 101 of Act No. 30 of 2013 does not arise.
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