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N. SATHISH KUMAR
Omshakthy Realties Pvt. Ltd. – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent relating to the notification under Section 3 (1) of the Tamil Nadu acquisition of Lands for Industrial Purposes Act dated 20-09- 2022 Published in Tamil Nadu Government Gazette Volume No. 451 Vide Proceedings No. Rc.No. S2/ 1416076/ 2021 and the consequential award dated 30.11.2023 in Award No. 1/ 2023 passed by the 3rd respondent to acquire the petitioners lands measuring 2.12 hectares or 5.24 acres for setting up of New Sipcot Industrial Park at Thirumudivakkam Village Kundrathur Taluk in Kancheepuram district out of the total extent of 12.66.3 hectares (or) 31.28 acres and quash the same as arbitrary and abuse of process and consequently direct the respondents to proceed with acquisition as per G.O.Ms.No. 200, Industries (SIPCOT LA) Department dated 03.09.2020 in the same manner as adopted in Phase I and Phase II at the same rate under Section 7(2) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997.
1. Commonality involved in all the writ petitions, this Court is inclined to
The government is not bound by prior negotiations unless formalized, retaining authority to determine compensation under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
Acquisition of land for transport infrastructure is valid under the industrial purpose definition, and there is no statutory time limit for passing awards under Tamil Nadu Acquisition Act.
Compensation for land acquisition must be determined based on market value at the time of notification, ensuring compliance with statutory provisions and fair procedures.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
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