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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. MAHADEVAN, J.
S.S. Thangathevan – Appellant
Versus
The Government of Tamil Nadu, Represented by its Secretary to Government, Chennai & Others – Respondent
W.P(MD)Nos. 1329, 13652, 14520, 11702, 13368 to 13381, 16030 to 16033, 10365 to 10376 of 2015 & 804, 2785, 1933 & 1934 of 2016 & 8995 to 8999 of 2017 & W.M.P(MD)Nos. 6868 to 6872 of 2017
Decided on : 01-03-2018
Right to Fair Compensation Act – Section 114 – Tamil Nadu Highways Act, 2001 – Section 15 – Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Writ of Declaration – Land Acquisition – W.P(MD) has been filed seeking a writ of Declaration, declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioners land to an extent of 27 square metres in Survey No.118/13F of Sirudhaiyur Village, Lalgudi Taluk, Ariyalur District as lapsed and inoperative – Held, Court finds that the respondents have issued a notice under Section 15(2) of the Tamil Nadu Highways Act and the main point urged in these writ petitions by the petitioners is that instead of invoking the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill 2013, the respondents have issued a notice under the Tamil Nadu Highways Act. – However, as rightly contended by the learned Additional Advocate General appearing for the State, the Tamil Nadu Act 1 of 2015 received the assent of the President of India on 01.01.2015 and accordingly, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill, 2014 came into force on 01.01.2014 itself and thus, the repugnancy between the Central Act and the State Act, as alleged by the petitioners, is also cured. – As per the amendment Act, the V Schedule is added. As per the Acts listed in the V Schedule, the operation of the Principal Act is dispensed with – The Tamil Nadu Highways Act 2001 also got inserted in the V schedule. – New Act under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill 2013 is not applicable in the question of land acquisition under Tamil Nadu Highways Act. – Further, under Section 114 of the Right to Fair Compensation Act, only the Land Acquisition Act 1894 is repealed. – The objects and reasons are narrated under Section 105-A. – When the provisions of the Act have no applicability in the Tamil Nadu Highways Act, the contention of the petitioners that notice issued under Section 15(2) is illegal, cannot be countenanced in law. – Writ Petitions Dismissed
1. W.P(MD)No.1329 of 2015 has been filed seeking a writ of Declaration, declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's land to an extent of 27 square metres in Survey No.118/13F of Sirudhaiyur Village, Lalgudi Taluk, Ariyalur District as lapsed and inoperative.
2. W.P(MD)No.13652 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 19 square metres comprised in Survey No.115/1B1 situated at Sirudhaiyur Village, Lalgudi Taluk, Trichy District as lapsed and inoperative in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. W.P(MD)No.14520 of 2015 has been filed seeking a writ of Declaration, declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's land to an extent of 27 square metres in Survey No.118/2A of Sirudhaiyur Village, Lalgudi Taluk, Ariyalur District as lapsed and inoperative.
4. W.P(MD)No.11702 of 2015 has been filed seeking a writ of Declaration, declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's land to an extent of 41 square metres in Survey No.118/2 of Sirudhaiyur Village, Lalgudi Taluk, Ariyalur District as lapsed and inoperative.
5. W.P(MD)No.13368 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 350 sq. ft. comprised in Survey No.115/1A1 situated at Sirudhaiyur Village, Lalgudi Taluk, Trichy District as lapsed and inoperative in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
6. W.P(MD)No.13369 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings initiated under Section 15(2) of the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 350 sq. ft. comprised in Survey No.131/3C1 situated at Sirudhaiyur Village, Lalgudi Taluk, Trichy District as lapsed and inoperative in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. [Prayer is amended vide order of this Court dated 13.09.2017 made in W.M.P(MD)No.8082 of 2017 in W.P(MD)No.13369 of 2015.]
7. W.P(MD)No.13370 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 200 sq. ft. comprised in Survey No.115/1A1 situated at Sirudhaiyur Village, Lalgudi Taluk, Trichy District as lapsed and inoperative in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
8. W.P(MD)No.13371 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings initiated under Section 15(2) of the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 250 sq. ft. comprised in Survey No.131/3C1 situated at Sirudhaiyur Village, Lalgudi Taluk, Trichy District as lapsed and inoperative in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. [Prayer is amended vide order of this Court dated 13.09.2017 made in W.M.P(MD)No.8083 of 2017 in W.P(MD)No.13369 of 2015.]
9. W.P(MD)No.13372 of 2015 has been filed seeking a writ of Declaration declaring the land acquisition proceedings under the Tamil Nadu Highways Act, 2001, in respect of the petitioner's landed property to an extent of 450 sq. ft. comprised in Sur
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