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M. DHANDAPANI
S. Palanisamy – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretar Department of Urban Development, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of declaration declaring that the land acquisition proceedings initiated and processed by respondents by issuance of a notification u/s 4 (1) of the Land Acquisition Act in G.O. Ms. No.758, Housing and Urban Development Department dated 03.05.1991 and Declaration under Section 6 (1) of the Land Acquisition Act in G.O. Ms. No.288, Housing and Urban Development Department dated 4.6.1992 and culminating in Award No.10 of 94 in Ref. No.917 of 90 for Kalapatti Neighbourhood Scheme has lapsed by virtue of the acts and omissions of the respondents as well as by operation of Section 24 of Central Act 30 of 2013 and consequently directing the respondents and their officials to refrain from interfering with the possession and enjoyment of the petitioners over land measuring 0.39.52 hectares in S.F. Nos.963/2B2.)
1. Assailing the land acquisition proceedings as having lapsed by virtue of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 (for short ‘Act, 2013’), the present petition has been filed.
2. It is the case of the petitioner
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 main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
The interpretation of Section 24(2) clarified the conditions for lapsing of acquisition proceedings and emphasized that Section 24(2) does not give rise to new cause of action to question the legalit....
The main legal point established in the judgment is the interpretation of Section 24(2) of the Act of 2013, emphasizing the conditions for lapsing of acquisition proceedings and the essentiality of t....
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
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