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T. RAJA, D. BHARATHA CHAKRAVARTHY
R. Moorthy Arulappan – Appellant
Versus
A. Mariammal – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 10.08.2022 made in W.P.No.6773 of 2022 and allow the above Writ Appeal.)
D. Bharatha Chakravarthy, J.,
1. The appellants are the owners of the lands in S. Nos. 31/10, 31/14-17 in Thamanur Village, Gingee Taluk, Villupuram District admeasuring an extent of Acres 2.15 Cents. By a notification under Section 4 (1) of the Tamil Nadu Adi-Dravidar Welfare Scheme Act, 1978 dated 28.01.1999, the said lands were sought to be acquired for the purpose of providing free house sites to Adi-Dravidar people, who were converted to Christianity. The petitioners challenged the acquisition before this Court and by order dated 06.01.2009 in W.P. No. 4997 of 1999 it was held that the Act, cannot be invoked once the persons are converted to Christianity and the notification was quashed. However, it was held that the same will not preclude the State authorities to issue fresh notification under the Land Acquisition Act, 1894 as it was for a public purpose to provide house sites to poor. This Court also found that the beneficiaries were already in possession and therefore granted an order of status quo
The State's power to acquire lands for a public purpose under relevant land acquisition laws and the court's discretion to allow fresh acquisition for distribution to identified beneficiaries.
Acquisition proceedings cannot be nullified for all parties based on individual petitions unless explicitly challenged; procedural fairness is critical.
Point of law: ill-luck could have it on the basis of the present decision of the Constitution Bench of the Hon'ble Supreme Court the law which was in her favour then has since been reversed and the a....
Once Section 3(1) notification is issued recognizing land owners, and registered deeds and pattas remain unassailed, claimants are entitled to compensation and deposit under Section 10(3) cannot be o....
Subsequent purchasers cannot challenge land acquisition proceedings initiated after the notification under Section 4(1) of the Land Acquisition Act, as such transactions are void.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
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