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2016 Supreme(Mad) 279

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATISH K. AGNIHOTRI, M. VENUGOPAL, JJ.
The Tamil Nadu Housing Board & Anr. - Appellants
Vs.
Gate Global Solutions Limited & Anr. - Respondents
W.A. Nos.1101, 1428 to 1440, 1533, 1545, 1582 of 2014, 163 to 166, 168, 174, 175, 329, 574, 575 and 184 of 2015
Decided On : 26-02-2016

Advocates:
Advocate Appeared:
Mr. A.L. Somayaji, Mr. V. Anandhamurthy, Mr. S. Gomathynayagam, Mr. P.H. Arvindh Pandian, Mrs. A. Srijayanthi, for the appellant
Mr. D. Selvaraju, Mr. R. Muthukumarasamy, Mr. R. Natarajan, Mr. R.N. Amarnath, Mr. R. Thiagarajan, S. Ganesh, Mr. AR. L. Sundaresan, Mr. G. Sankaran, for the respondent

Headnote:Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act Section 24(2) Matter relating acquisition of land and there had been proceeding lapse – this will remain to be lapsed itself as same was awarded 5 yr before act of 2013 came into power – held that it is not important to pay compensation or possession taking .- Held, payment of land acquisition in form of compensation can be directly paid to owner of land or can also be given to civil court. - Possession of the land can only be taken if any evidence has been shown in same regard – it can be a in any form – if the documents are made by revenue dept. without witness same is not said to be complete.

JUDGMENT :

Satish K. Agnihotri, J.

Having regard to the commonality of the issue involved in these appeals, all appeals are taken up together and disposed of by this common order.

2. For appreciating the issue on hand, it is better to have a look into the facts in each and every case, at the cost of this judgment being verbose. Accordingly, the particulars germane for the disposal of these appeals are set down as under.

3. W.A. No. 1101 of 2014 filed by the Tamil Nadu Housing Board is directed against the order dated 2nd July, 2014 made in W.P. No. 25791 of 2010, which was filed by the first respondent herein, seeking to quash the letter dated 9th March 2009 and to direct the respondents therein to reconvey the property measuring 4.33 acres in S.Nos.612/5, 612/7, 612/8, 612/9, 612/10, at Sholinganallur village. The first respondent is the subsequent purchaser of the said land, which was acquired by the State under award no.1/97 on 23 April 1997. As projected by the State and Housing Board, the possession of the land was taken over on 16 August 2004. It is further stated that the compensation was paid by way of revenue deposit. The writ petition was allowed by the learned Single Jude, holding that the acquisition proceedings initiated by the respondents therein has been lapsed on the operation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act, 2013”). Thereagainst, the writ appeal is preferred by the Housing Board.

4. W.A. No.1428 of 2014 filed by the Tamil Nadu Housing Board is directed against the order dated 10th April, 2013 made in W.P.No.18995 of 2011, which was filed by the first respondent herein, seeking to quash G.O.2(D)No.109, Housing and Urban Development Department dated 21st July, 2011 and to direct the respondents therein to execute necessary documents of reconveyance in respect of the lands in S.No.322/2A in Nolambur Village to an extent of 3.15 acres, which was acquired by the State under award No.8/86 dated 30 July 1986. As projected by the State and Housing Board, the possession of the land was taken over on 28 October 1986 and handed over to the Housing Board on the same day. The writ petition was allowed by setting aside the said G.O., whereunder the request of the writ petitioner was rejected.

5. W.A. No.1429 of 2014 has been preferred by the Tamil Nadu Housing Board against the order passed in W.P.No.7510 of 2014, dated 7th May, 2014. The said writ petition was filed by the private respondents herein seeking to declare the entire land acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the Old Act, 1894 ) in respect of lands in S.Nos.508, 509/1, 510/1A, 1B, 511/1A1 and 511/1B, admeasuring an extent of 1.03.0 hectares, 0.32.5 hectares, 0.03.0 hectares, 0.15.5 hectares, 0.08.0 hectares and 0.86.5 hectares respectively in Vellakinar Village, which was acquired by the State under award no.1/98 dated 03 April 1998, as lapsed in view of the Act, 2013. As projected by the State and Housing Board, the possession of the land was taken over on 20 April 1998. It is further brought to the notice of this Court by the State as well as the Housing Board that possession was handed over to the Housing Board on 30 April 1998. In support of this contention, the Housing Board has produced a copy of the possession certificate, whereunder, the land in question was transferred from the Government to the Housing Board. As regards compensation, a copy of the payment certificate has been produced. It is referred to therein that the land owners have received the compensation amount fixed by the Referring Officer under protest and they are claiming more compensation. The learned Single Judge, hearing the submissions, allowed the writ petition, holding that the acquisition proceedings initiated by the Sta
































































































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