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V. M. VELUMANI, R. HEMALATHA
Special Commissioner & Commissioner of Land Reforms, Chennai – Appellant
Versus
Lakshmi Devi (Died) – Respondent
JUDGMENT
(Prayer: Writ Appeal is filed under Clause 15 of the Letter Patent against the order of this Court dated 29.04.2013 made in W.P.No.6253 of 2008 on the file of this Court.)
V.M. Velumani, J.
1. The present writ appeal is filed against the order of this Court dated 29.04.2013 made in W.P.No.6253 of 2008 on the file of this Court.
2. Pending appeal, Lakshmidevi, the petitioner in W.P.No.6253 of 2008, who is the respondent in the present writ appeal died and her legal representatives were impladed as respondents 2 & 3 vide order of this Court dated 12.01.2023 in C.M.P.No.18863 of 2022 in W.A.No.3621 of 2019.
3. The 1st respondent is owner of land in S.No.190/2B1(part) measuring an extent of 33 cents in Chitlapakkam Village, Tambaram Taluk, Chengalpet District. The appellants initiated proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act 24 of 1978 (hereinafter referred to as “the Act”) alleging that the 1st respondent possessed excess vacant land and passed an order on 31.05.1990 acquiring lands of the 1st respondent. The 1st respondent filed an appeal and the appeal was remanded back to the 2nd appellant. After remand, the 2nd appellant passed an order under Se
Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.
The main legal point established in the judgment is the significance of physical possession under the Repeal Act and the inapplicability of delay and laches after the repeal of the parent Act.
The court held that land acquisition proceedings lapse if the statutory procedure for taking possession is not followed, emphasizing the need for physical possession as mandated by law.
The High Court held that re-litigation of land acquisition issues, already resolved by a prior judgment, is impermissible under law, emphasizing the principle of finality in litigation.
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