ORDER :

This Writ Petition has been filed for the issuance of a Writ of Declaration, declaring that the Land Acquisition Proceedings initiated by issuance of notification under Section 4(1) in G.O.(M.s).No.1491/Pw.Hs-2/Department, dated 27.10.1992 and published in the Tamil Nadu Gazette, dated 30.10.1992 followed declaration made under Section 6 in G.O.(M.s).No.1164, P.W.(Highways) (HS2) dated 06.08.1993 as published in Part-II, Section-2 of Tamil Nadu Government Gazette (Extraordinary) dated 13.08.1993 respectively culminating into issuance of notice under Section 12(2) of the Land Acquisition Act, 1894 issued by the R.D.O. Chengalpet/third respondent herein, signed by him on 21.08.2015, in respect of the petitioner's land comprised in S.No.338/5B2, measuring to an extent of 34 cents, situated in Thiruvidanthai group, Vada Nemmeli village then Chengalpet taluk and district and now in Thiruporur Taluk, Kancheepuram District as having statutorily lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and non-est in law.

2. The petitioner owned the land comprised in Survey No.338/5, to an extent of 62 cents, situated in Thiruvidanthi Group, Vada Nemmili Village, Chengalpet. It was purchased by him by a registered Sale Deed dated 11.10.1989, vide Document No. 2720 of 1989. He has put up a compound wall around his property and subsequently sub divided as Survey Nos.338/5A and 338/5B2. While being so, the petitioner received a notice in the month of August 2015 under Section 12(2) of the Land Acquisition Act, 1894 (herein after called as “Act”), dated 26.08.1995, signed by the third respondent on 21.08.2015. It reveals that an extent of 34 cents comprised in Survey No.338/5B2 was sought to be acquired under the Act and passed an award in Award No. 13 of 1995, dated 26.08.1995, thereby the petitioner was called upon to receive the compensation at Rs.1,07,769/- (Rupees one lakh seven thousand seven hundred and sixty nine only), on production of title documents. The petitioner was not served with any notice whatsoever and as such, he issued notice to the third respondent for details with regard to acquisition.

3. Later, the petitioner came to know about the 4(1) notification issued on 27.10.1992 in G.O.Ms.No.1491/Pw/Hs-2/Department and published in the local dailies on 02.11.1992. On 11.11.1992, the substance of the 4(1) notification was published in the locality. Subsequently, on 13.08.1993, the declaration under Section 6 of the Act was Gazetted and published in the local dailies on 14.08.1993 and 15.08.1993. The substance of the declaration under Section 6 was published in the locality on 26.08.1993. On 01.06.1994, the notification under Section 7 was Gazetted. The notices under Section 9(3) and 10 were sent as per the order of the Sub-Collector on 07.07.1995. Therefore, the petitioner challenged the acquisition proceedings on the ground that he was not paid any compensation till today and the possession of the property has not been taken by the respondents and he is in possession and enjoyment of the subject property.

4. Mr. Ayyadurai, the learned Senior Counsel for the petitioner raised grounds that the acquisition proceedings were initiated in the year 1992 and it has not been completed even till the year 2015. The petitioner was never served with any notification under Section 4(1) of the Act. In fact, the Tamil dailies i.e., Athristam, Vetrimaalai, Dhina Thoothu and Makkal Kural, in which, the substance of notification under Section 4(1) of the Act, said to have been published, are not having circulation in the locality. The substance of declaration under Section 6 of the Act is said to have been published in the locality on 26.08.1993 and as such, the award should have been passed on or before 25.08.1995. But the impugned award has been passed only on 26.08.1995 beyond the prescribed period of two years and as such, the acquisition proceed