ORDER :

The present writ petition questions the legality of the Government order in G.O.Ms.No. 28 Transport (I.1) Department dated 05.03.2019 and the petitioner is also seeking for a consequential relief for a direction to the respondents to calculate the compensation as provided under Section 23 (1-A) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act) and issue a fresh Government order.

2. This case has a checkered history. According to the petitioner company, the lands belonging to the petitioner company measuring almost an extent of one acre was taken possession in the year 1984. Acquisition proceedings were initiated in the year 1987 to acquire a larger portion of lands for formation of a broad gauge railway line. The 4(1) notification that was issued on 24.02.1987 lapsed by operation of law in the year 1990. Thereafter fresh acquisition proceedings were commenced in the year 1990. The 4(1) notification that was issued on 24.12.1990 became a subject matter of challenge before this Court in W.P.No.7766/1992. During the pendency of the writ petition, this Court suggested that some negotiation can take place and a compensation can be fixed and paid to the petitioners therein.

3. The Railways wrote a letter to the second respondent stating that the extent of one acre and 60635 sq. ft. situated at Adiyanuthu Village is not required for the Railways and the acquisition proceedings insofar as these lands are concerned can be dropped. On receipt of the letter, the Government passed a G.O. to the effect that the acquisition proceedings lapsed.

4. In the meantime, the Tahsildar, Dindigul issued notice to the petitioner and there was some exchange of notices, wherein, the petitioner claimed damages to the tune of Rs.10 crores and also called upon the respondents to deliver possession of the property.

5. Since the representation made by the petitioner was not considered, the petitioner approached this Court and filed W.P.(MD) No.1389/2014 seeking for a direction to the respondents to consider the representation and the same was ordered by this Court on 19.06.2014. Since this order was not complied with, a contempt petition was filed in Cont.P.No.570/2015. This Court, after taking into consideration the fact that the lands were taken possession and the petitioner was not paid any compensation, directed the respondents to deposit a sum of Rs.10 crores. It was informed to this Court that the amount has been deposited before the Revenue Divisional Officer, Dindigul. This Court directed the Revenue Divisional Officer, Dindigul to deposit the amount in a nationalized bank until further orders. Since the amount was deposited, the contempt petition was closed.

6. Even at this stage, there was no land acquisition proceedings initiated nor the petitioner was paid any compensation, but, however, the petitioner had already lost possession of the lands. Therefore, the petitioner once again filed a writ petition in W.P.(MD) No.10757/2016 for a direction to the respondents to initiate land acquisition proceedings and complete the process within the time stipulated by the Court. The petitioner also filed W.P.(MD) No.10758/2016 for a direction to the respondents to pay a sum of Rs.10 crores with accrued interest to the petitioner, pursuant to the same being deposited on the orders passed in the contempt petition.

7. This Court took up both the writ petitions for hearing and insofar as W.P.(MD) No.10757/2016 is concerned, this Court directed the respondents to commence and complete the acquisition proceedings under the Tamil Nadu Acquisition of Lands for Industrial Purpose Act, 1997 (hereinafter referred to as 'the 1997 Act') within a period of one year from the date of receipt of a copy of the order and the petitioner was also directed to cooperate with the respondents for completing the acquisition proceedings. In view of thi