Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
B. Shagul Ameed & Others – Appellant
Versus
The Land Acquisition Officer, District Collector Office, Ranipet & Others – Respondent
W.P. Nos. 1381 & 34 of 2024 & W.M.P. No. 1411 of 2024
Decided on : 05-03-2024
Land Acquisition - Compensation for Open Space Reservation (OSR) lands - Land Acquisition Act 1879, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Rules 2014
Fact of the Case:
The petitioners sought appropriate compensation for the open space reservation lands acquired from them under the Land Acquisition Act 1879 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules 2014. The respondents had acquired the subject properties for the purpose of SIPCOT, and the petitioners claimed that the compensation awarded was lesser than the price of adjacent land owners.
Finding of the Court:
The court found that the petitioners had formed unapproved lay-outs and sold more than 40% of the plots. The court held that the OSR lands were used only as common pathways and the petitioners could not claim ownership of these lands. The court also noted that the petitioners had already approached the Reference Court for enhancement of compensation.
Issues: The main issues were the adequacy of compensation for the acquired lands and the petitioners' claim for compensation for the OSR lands.
Ratio Decidendi: The court held that the petitioners, having sold more than 40% of the plots, could not claim ownership of the OSR lands. The court also directed the petitioners to work out their remedy before the Reference Court for unsold plots.
Final Decision: The writ petitions were disposed of with no order as to costs, and the court directed the petitioners to pay separate court fees for a related application.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order in Ref.Na.Ka.No.A1/ 07/ 2014/Alagu 2/ Block 2, dated 21.04.2023 passed by the 2 nd respondent as illegal violative and quash the same as it is against the principles of natural justice and thereby, grant appropriate compensation for the open space reservation lands acquired from the petitioners in Survey No.305/2A to an extent of 8488.71 sq.mts, S.No.305/2B1 to an extent of 434.46 sq.mts., S.No.306/1A to an extent of 831.49 sq.mts, S.No.306/2A to an extent of 2423.09 sq.mts., and S.No.312/1 to an extent of 616.53 sq.mts in all to an extent of 12794.28 sq.mts at Nedumbuli Village, Block No.2, Arakkonam Taluk, Ranipet District as per the provision of the Land Acquisition Act 1879 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rule, 2014 with admissible rate of interest.
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order in Ref.Na.Ka.No.A1/07/2014/Alagu 2/ Block 6, dated 03.04.2023 passed by the 2 nd respondent and quash the same as illegal violative and against the principles of natural justice and thereby, grant appropriate compensation for the open space reservation lands acquired from the petitioner in Survey No.365/2 to an extent of 906.96 sq.mts., S.No.365/3 to an extent of 1131.64 sq.mts and S.No.366/9B to an extent of 593.20 sq.mts in all to an extent of 2631.80 sq.mts at Nedumbuli Village, Block No.6, Arakkonam Taluk, Ranipet District as per the provision of the Land Acquisition Act 1879 andThe Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rule 2014 with admissible rate of interest.)
1. The writ petition in W.P.No.1381 of 2024 has been filed to quash the impugned order in Ref.Na.Ka.No.A1/07/2014/Alagu 2/Block 2, dated 21.04.2023 passed by the second respondent and thereby, grant appropriate compensation for the Open Space Reservation (OSR) lands acquired from the petitioners in Survey No.305/2A measuring to an extent of 8488.71 sq.mts, S.No.305/2B1 measuring an extent of 434.46 sq.mts., S.No.306/1A measuring an extent of 831.49 sq.mts, S.No.306/2A measuring to an extent of 2423.09 sq.mts., and S.No.312/1 measuring to an extent of 616.53 sq.mts, totally 12794.28 sq.mts at Nedumbuli Village, Block No.2, Arakkonam Taluk, Ranipet District, as per the provisions of the Land Acquisition Act 1879, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement, Rules 2014, with admissible rate of interest.
2. The writ petition in W.P.No.34 of 2024 has been filed to quash the impugned order in Ref.Na.Ka.No.A1/07/2014/Alagu 2/Block 6, dated 03.04.2023 passed by the 2 nd respondent and thereby, grant appropriate compensation for the Open Space Reservation (OSR) lands acquired from the petitioner in Survey No.365/2 measuring an extent of 906.96 sq.mts., S.No.365/3 measuring an extent of 1131.64 sq.mts and S.No.366/9B measuring an extent of 593.20 sq.mts, totally 2631.80 sq.mts at Nedumbuli Village, Block No.6, Arakkonam Taluk, Ranipet District, as per the provisions of the Land Acquisition Act, 1879, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014, wit
AI
The court established that the petitioners, having sold more than 40% of the plots, could not claim ownership of the OSR lands, and directed them to seek remedy for unsold plots before the Reference ....
Landowners entitled to RFCTLARR 2013 compensation for non-disbursed 1980s award and utilized unacquired land.
Post-acquisition completion, mandamus for exclusion denied; liberty granted for compensation enhancement application.
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
