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R. VIJAYAKUMAR
A. Anand – Appellant
Versus
State of Tamil Nadu Represented by its Secretary to Government Housing and Urban Development Chennai – Respondent
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894 in respect of the lands measuring 0.30 acres comprised in Survey Nos.89/5 and 89/8A, Thoppur Village, Madurai South Taluk, Madurai District as lapsed in the light of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.)
1. The writ petition has been filed seeking writ of declaration to declare that the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894 have got lapsed in the light of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. The learned counsel for the petitioner has contended that the land in dispute was purchased by his father on 11.06.1975. A notification was issued under 4(1) of the Land Acquisition Act, 1894 on 16.10.1985 for acquiring a land measuring 558.06 acres. Pursuant to the said proceedings, an award was passed under Section 11 of the Land Acquisition Act in Award No.10 of 1988 da
The court emphasized that the compensation amount being set apart and deposited in a Treasury account was sufficient to escape the rigour of Section 24(2) of the Central Act 30 of 2013.
The satisfaction of either taking possession or payment of compensation would prevent the lapse of acquisition proceedings under Section 24(2) of the Act, 2013. Stale and dead claims relating to conc....
The deposit of compensation in Government Treasury does not constitute non-payment under Section 24(2) of the Act of 2013, thus acquisition proceedings cannot lapse.
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Lapse of land acquisition proceeding – Once it is held that there is no lapse of acquisition proceedings under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabi....
Lapse of land acquisition proceeding – To attract Section 24(2) of Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied.
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
The possession of the land and payment of compensation are crucial in determining the lapse of land acquisition proceedings under Section 24(2) of the Act 2013.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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