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T. RAJA, K. KUMARESH BABU
G. Mahamoodul Hasan – Appellant
Versus
District Collector, Cuddalore – Respondent
JUDGMENT :
T.RAJA, J.
Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act against the order dated 01.06.2016 passed in W.P. No.17487 of 2016.
This Writ Appeal has been filed, challenging the impugned order dated 01.06.2016 passed in W.P. No.17487 of 2016
2. Learned counsel appearing for the appellant submitted that the land, having an extent of 4.96 acres in R.S. No.279/2B, situated at Killai (South) Village, Chidambaram Taluk, owned by the father of the appellant, was acquired by the Special Thasilidar (ADW) L.A., Chidambaram for providing house sites to Irular community and the compensation amount of Rs.26,737/- payable to the appellant's father vide Award No.7/83-84 dated 27.03.1984 was kept in Revenue Deposit, Sub Treasury, Chidambaram in R.D. No.207 dated 19.07.1984. Challenging the acquisition proceedings, the appellant's father filed a writ petition in W.P. No.3914 of 1984 and the same was dismissed on 25.03.1987. Learned counsel for the appellant further submitted that after demise of the appellant's father, the appellant applied for refund of the compensation amount and the Special Tahsildar (ADW) L.A., Chidambaram issued proceedings dated 31.12.1997 to pay the
The main legal point established in the judgment is that the acquisition proceeding does not lapse under Sec. 24 of RFC & TLA & R, Act, 2013 if the compensation for the acquired land is already depos....
The main legal point established in the judgment is that the acquisition proceedings would continue under the old Land Acquisition Act if the award was passed before the commencement of the new Act, ....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Land acquisition proceedings lapse under Section 24(2) when compensation is not paid and possession is not taken for over five years, clarifying definitions of 'paid' and 'deposited'.
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
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