IMPORTANT POINT
The completion of land acquisition proceedings, including the issuance of declarations and awards, cannot be invalidated post-factum, and landowners retain the right to seek just compensation and its enhancement.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 01.07.2013 in W.P. No. 2482 of 2003.

1. A batch of writ appeals have been instituted challenging the writ order quashing Section 4(1) Notification and the subsequent Section 6 Declaration and the award.

2. Mr. A. Selvendran, learned Special Government Pleader would submit that the land at Koyambedu, Chennai has been acquired for developing “Mid West Madras Neighbourhood Land Development Scheme.” Accordingly, Section 4(1) Notification was issued in G.O.Ms. No. 429. The procedures as contemplated under the Acquisition Act have been followed. Section 6 Declaration was issued by the competent Authority in G.O.Ms. No. 54 dated 02.02.2000. Section 6 Declaration was published in the Tamil Nadu Government Gazettee on 02.02.2000 and thereafter, award was passed in Award No. 3 of 2001 dated 05.12.2001.

3. The compensation determined were deposited before the competent Court. The writ Court after completion of entire process of land acquisition quashed Section 6 Declaration order and the award and further direction was issued to the appellant to withdraw the deposited amount from the Civil Court. Such an order passed by the writ court is not in consonance with the settled principles in acquisition proceedings. Once the acquisition proceedings have been completed in all respects and an award has been passed and the compensation determined by the Land Acquisition Officer has been deposited in the Civil Court, quashing of Section 6 Declaration would not arise at all. That apart, reasoning given by the learned Single Judge in the order impugned is running counter to the legal position settled by the Constitutional courts across the country.

4. We have not chosen to deal with each and every reason stated by the writ court, since such reasons are already considered by the courts and settled in catena of judgments. Admittedly, award was passed in Award No. 3 of 2001 dated 05.12.2001 and the compensation has been deposited in the Civil Court.

5. It is needless to state that the erstwhile land owners from whom the lands are acquired for public purposes are entitled for just compensation under the provisions of the Acquisition Act. More-so, the land losers are entitled to seek enhancement of compensation by approaching the competent Authorities/Forum.

6. In this case, the respondents/land owners are at liberty to approach the appropriate forum seeking enhancement of compensation within a period of four (4) weeks from the date of receipt of a copy of this order. In the event of any such approach, the claim of the land owners are directed to be decided on merits and in accordance with law. The compensation amount deposited by the Land Acquisition Officer may be withdrawn by the respondents/land owners without prejudice to their claim for seeking enhancement of compensation and other benefits as admissible.

7. However, the acquisition proceedings set aside by the writ court is infirm and not in consonance with the settled legal principles. Consequently, all the writ appeals stand allowed. No costs. Consequently, connected miscellaneous petitions are closed.