The main legal point established in the judgment is that the land acquisition proceedings initiated under the Land Acquisition Act lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

1. The 1st petitioner herein has filed the above writ petition on behalf of other petitioners in 2 to 6 who are legal heirs of late Kuppammal as they are absolute owners of the lands comprised in Survey No.486 measuring to an extent of 3.06 acres situated at Vellaikinaru Village, Coimbatore (North) Taluk, Coimbatore District and the Revenue records have been mutated in their names and they are in physical possession and enjoyment of the same since the death of the said Kuppammal.

2. He humbly submits that the petitioners came to know that their lands have been acquired under the Land Acquisition Act through local newspapers only and no notification or award had been issued to them. Hence they have filed a writ petition in W.P.No.9006 of 2014 challenging the acquisition made by the 5th respondent on the following grounds.

3. He submits that the Notification under Section 4(1) of the Act came to be issued in G.O.Ms.No.508, Housing and Urban Development Department dated 17.05.1995. The declaration under Section 5 of the Act came to be made in G.O.Ms.No.296 Housing and Urban Development Department dated 28.06.1996. The said Acquisition Proceedings culminated in passing of an Award in Award No.3 of 1998 dated 01.07.1986 though the award came to be passed on 01.07.1996, they were neither intimated about the passing of the award nor served with any notice under section 12(2) of the Old Act, so as to enable the petitioners to know about the award and to receive the compensation payable to them. In fact, the compensation was neither paid to them nor deposited before any competent Civil Court.

4. He submits that even though the award was passed in the year of 1996 and the respondents 4 and 5 never took possession of the lands from them. Through a petition under the Right to Information Act, 2005, they got information from the Public Information Officer of the 5th respondent's letter dated 20.01.2014 that there are no records for taking possession of the land from the petitioners by the Land Acquisition Officer. Further, it was replied that there are no documents for handing over of possession to the Housing Board and there are no documents to prove that the compensation amount in the Civil Court or for payment of compensation to the petitioners.

5. He humbly submits that as per the New Act i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) and the same came into effect from 01.01.2014, if the physical possession of the lands are not taken or the compensation is not paid, in respect of the proceedings initiated under the Old Act, the entire proceedings initiated under the Old Act shall be deemed to have been lapsed in view of Section 24 (2) of the Act 30 of 2013.

Section 24 of the New Act reads as follows:-

“24. Land Acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases:

(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894:

(a) Where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply: or

(b) Where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in Sub-Section (1), in case of Land Acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions o