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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
M. Palanisamy & Others - Petitioners
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai & Others - Respondents
WP Nos. 10912, 10920 & 11535 of 2020 & WMP Nos. 13259, 13269 & 14103 of 2020
Decided On : 15-09-2020
Constitution of India,1950 - Article 226 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act - Section 24[2] - Land Acquisition Act - Section 11 , 30 and 31[2] - Land acquisition - Claim their right - Writ petitioners in WP.Nos. claim their right from the common owners, viz., Subject property involved in both writ petitions originally belonged to one - Revenue records also stood in their names - They had a son named who pre-deceased them - In WP.No.10912 of 2020, petitioners 1 to 4 are the children and petitioners 5 and 6 are wife and daughter - Subject property originally belonged to one and revenue records also stood in his name - Petitioners 1 and 2 are the son and daughter of and the 3rd petitioner is subsequent purchaser of subject property from petitioners 1 and 2 - According to the petitioners, no further steps were taken by the respondents and the petitioners were not informed about passing of the Award and no compensation was paid to them and petitioners also continued to be in possession and enjoyment of subject properties – Held, Court holds that the petitioners satisfy the twin requirements of Section 24[2] of the Act, viz., that physical possession of lands was not taken and compensation has not been paid/tendered/deposited in accordance with law - Court further holds that petitioners are not reopening any concluded proceedings and they are not reviving any stale claims and they have approached the Court at the right time - Even if State Government wants to implement projects taking into consideration public interest, there are black sheeps, both at level of Government as well as the State Undertakings who will put spokes into those developments for their self aggrandizement - This is a classic case which falls under this category - Court is confident that original records are not actually missing, but safely available with someone and probably after this order, attempts may also be made to destroy original records - If State finds that private parties are also involved in this illegal act, criminal complaint shall be initiated and they should be brought to books - If such stringent actions are not taken, black sheeps will go scot free and this type of illegal activities will continue and ultimately, it will have a direct impact on the public interest - This Court, therefore, expects the State to act with alacrity immediately after receipt of this order - In result, WP.No.10912 of 2020 stands ALLOWED and WP.Nos.10920 and 11535 of 2020 stand DISMISSED - Consequently, connected miscellaneous petitions are closed.
ORDER :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the entire land acquisition proceedings relating to proceedings covered in Award No.2/2001 dated 19.02.2001 of the 2nd respondent in respect of the lands belonging to the petitioners comprised in SF.Nos.3/2A, 4/3B1 and 4/3B2, situated at Vellakinaru Village, Coimbatore District, to an extent of 0.64.5 hectares, 0.21.0 hectares and 0.01.0 hectares respectively, totally admeasuring 0.86.5 hectares, become lapsed, by virtue of the operation of the provisions contained in Section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, [Act 30/2013].
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the entire land acquisition proceedings relating to proceedings covered in Award No.2/2001 dated 19.02.2001 of the 2nd respondent in respect of the lands belonging to the petitioners comprised in SF.Nos.4/3C1, 4/3C2,11/1 and 11/2 situated at Vellakinaru Village, Coimbatore District to an extent of 0.90.5 Hectares, 0.02.02 Hectares, 1.72.0 Hectares and 0.60.0 hectares respectively, totally admeasuring 2.70.5 hectares, become lapsed, by virtue of the operation of the provisions contained in Section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, [Act 30/2013].
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the entire land acquisition proceedings relating to proceedings covered in Award No.2/2001 dated 19.02.2001 of the 2nd respondent in respect of the lands belonging to the petitioners comprised in SF.Nos.3/2B and 4/3A, situated at Vellakinaru Village, Coimbatore District, to an extent of Acre 1.58 cents, Acre 0.54 cents respectively, totally admeasuring Acre 2.12 cents, become lapsed, by virtue of the operation of the provisions contained in Section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, [Act 30/2013].)
1. The issues involved in all the above writ petitions are almost identical except for some small variations on facts and hence, all the writ petitions are heard together and this Court proceeds to pass this common order.
2. The writ petitioners in WP.Nos.10912 and 10920 of 2020 claim their right from the common owners, viz., late Marudhachala Gounder and late Sarasammal. The subject property involved in both the writ petitions originally belonged to one late Marudhachala Gounder and late Sarasammal. The revenue records also stood in their names. They had a son named Ramasamy Gounder who pre-deceased them. In WP.No.10912 of 2020, petitioners 1 to 4 are the children of late Marudhachala Gounder and late Sarasammal and petitioners 5 and 6 are the wife and daughter of late Ramasamy Gounder. In WP.No.10920 of 2020, petitioners 1 to 4 are the children of late Marudhachala Gounder and late Sarasammal and petitioners 5 and 6 are the wife and daughter of late Ramasamy Gounder and the 7th petitioner is a subsequent purchaser of the property from petitioners 1 to 6.
3. Insofar as WP.No.11535 of 2020, the subject property originally belonged to one V.R. Natarajan and the revenue records also stood in his name. Petitioners 1 and 2 are the son and daughter of late V.R. Natarajan and the 3rd petitioner is the subsequent purchaser of the subject property from petitioners 1 and 2.
4. The properties in question became the subject matter of land acquisition along with several other properties and Section 4[1] Notification was issued on 02.01.1998. Thereafter, Section 6 Declaration was made on 18.02.1999. Aggrieved by the same, late Marudhachala Gounder, late Sarasammal, lat
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