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D. KRISHNAKUMAR, P. B. BALAJI
B. Venkatesalu – Appellant
Versus
Secretary to Government of Tamil Nadu, Industries (MIG. 2) Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 08.08.2017 made in Review Application (W) No. 27 of 2016 in W.P.No. 7103 of 2014 and consequently allow the writ petition in W.P.No. 7103 of 2014 and pass such further or other orders.)
D. Krishnakumar, J.
1. Challenging the order dated 08.08.2017 made in Review Application (W) No. 27 of 2016 in W.P.No. 7103 of 2014, the appellant has filed the present writ appeal. For sake of convenience, the parties are referred as per their status before the writ Court.
2. The learned counsel for the appellants has submitted that originally the property in question in survey no. 583 to an extent of 4.46 acres of land belongs to the father of the petitioners. The respondent passed G.O. Ms.No. 1702 (Industries) dated 16.12.1980 to acquire the land for the purpose of Second Industrial Complex at Mornapalli Village in the year 1980 itself. The land acquisition notification in G.O.Ms.No. 1339 (Industries) dated 20.09.1982 was issued invoking urgency provisions of the Land Acquisition Act only on 06.10.1982. The compensation amount was awarded by the respondents for survey no. 581 to an extent 4.46 acres
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession is not taken and compensation is not paid.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
Land acquisition proceedings under the 1894 Act lapse when both possession is not taken and compensation remains unpaid, as established in the Indore Development Authority case.
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
Compliance with the Land Acquisition Act, including the deposit of compensation and evidence of physical possession, is crucial for the validity of acquisition proceedings.
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