1. The petitioner has filed this writ petition for a Writ of Declaration, to declare that pursuant to Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) the acquisition proceedings of the respondents in G.O.No.826, Housing Urban Development Department issued a Notification dated 15.05.1978 which has lapsed in respect of land to an extent of 2.26 acres along with superstructure thereon comprised in Survey Nos.283/1, 284/1, 284/2 and 284/3 situated at Old State Bank Colony, 3rd Street, West Tambaram, Chennai - 600 045 and consequently forbear the respondents herein in any manner of interfering with the peaceful possession of the petitioner.

2. The petitioner submits that some of the flat owners have earlier moved a writ petition in W.P.No.2222 of 2013 in January 2013 and obtained interim orders to the effect that is not to dispossess their flats constructed in the land to an extent of 2.26 acres and the same is still pending. The petitioner further submits that the Central Act 30 of 2013 came into effect only on 27.09.2013 and hence, the petitioner has filed this writ petition due to the fresh cause of action arising after the commencement of the Central Act. The petitioner further submits that he had purchased the flat by obtaining bank loan with a limited dream of every middle-class person for owning a house. The petitioner and other flat owners after verifying the required legal formalities regarding the patta and appropriate planning permission issued by the CMDA ventured to purchase their respective flats. The petitioner further submits that under Section 111 of the Tamil Nadu Town and Country Planning Act, the purchase of flats after the proper planning permission from the CMDA has a statutory supremacy against any private claims and with due diligence they have purchased the flat without any demur. The petitioner further submits that the superstructure built thereon also got completion certificate from CMDA and other authorities.

3. The petitioner further submits that he and other flat owners are in occupation of their respective flats and their vendors were in occupation and possession continuously both under revenue records and the physical possession since 2007, when the planning permission was granted and even prior to that the Tamil Nadu Housing Board who are respondents herein claims to be the owner of the portion of the land pursuant to an acquisition proceedings in G.O.Ms.No.826, Housing Urban Development Department, dated 15.05.1978. The petitioner further submits that at no point of time ever since the acquisition, the respondents were under possession of the acquired property nor the respondents' name have been mutated in the revenue records. It is based on the above admitted fact that the petitioner claims his right under Section 24(2) of the Central Act of 30 of 2013. The said Act enables the landowner/subsequent purchaser who has claim in the hands of the landowner are entitled to treat the Land Acquisition Proceedings as lapsed if the same is not taken physical possession for more than five years or more years and the extract of the said section is given here below:-

Section 24 "(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 in 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 provision of this Act."

Therefore, the petitioner is entitled for his legal right to hold on t