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2024 Supreme(Mad) 2173
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
M/s. Omshakthy Realties Pvt. Ltd. – Petitioner
Versus
The State of Tamil Nadu – Respondent
W.P. Nos. 663, 667, 668, 670 & 671 of 2024, W.M.P. Nos. 690, 693, 694, 691, 700, 698, 684, 695, 697 & 692 of 2024
Decided On : 02-08-2024
Important Points
Subject
Land Acquisition - Compulsory Acquisition
Act Referred
LAND ACQUISITION ACT : S.4(1)
Tamil Nadu Acquisition of Lands for Industrial Purposes Act : S.19, S.19(4), S.3(1), S.7(2), S.7(3)
Headnote
(B) Estoppel - Principle of estoppel does not apply when there is no finalized agreement or acceptance of negotiation by the government - The court ruled that the government retains the right to decide on land acquisition and compensation. (Paras 17, 24)
Facts of the case:
The petitioners challenged the notification and award for acquiring their land for an industrial park, arguing that the compensation was unilaterally reduced despite prior agreements for a higher amount. The court noted that the government had not accepted the recommendations for private negotiations for the remaining land.
Findings of Court:
The court dismissed the writ petitions, stating that the petitioners could seek remedies in the reference court regarding compensation.
Issues: The main issues included whether the government was bound by previous negotiations and the validity of the unilateral reduction in compensation.
Ratio Decidendi: The court held that the government is not bound by previous negotiations unless a formal agreement is reached, and it has the authority to determine compensation under the law.
Result: Writ petitions dismissed.
Advocate Appeared:
For the Petitioners: Vijaynarayanan, P. Solomon Francis
For the Respondents: P.S. Raman, A. Selvendran, R. Viduthalai, K. Palaniappan
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 dispose of these writ petitions by way of this Common Order.
2. These writ petitions are filed challenging the order 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 respective petitioners' lands for setting up of New SIPCOT Industrial Park at Thirumudivakkam Village, Kundrathur Taluk in Kancheepuram District, quash the same 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.
3. It is the case of the writ petitioners that the respondents had approached the petitioners to acquire land to the extent of 82.15 acres in Survey No. 400/1A and adjacent survey numbers that belong to petitioners and others at Thirumudivakkam Village, Kundrathur Taluk, Kancheepuram District for the purpose of developing an industrial area through SIPCOT. The lands were sought to be acquired by private negotiation under Section 7(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act. The respondents had formulated and put up the proposal before the Government of Tamil Nadu for acquiring 82.15 acres in Survey No. 400/1A and adjacent survey numbers that belong to petitioners and others at Thirumudivakkam Village, Kundrathur Taluk, Kancheepuram District was accorded single administrative sanction on 03.09.2020 in G.O.Ms.No. 200 (Industries Department) dated 03.09.2020 for proceeding for acquisition under private negotiation. The respondents proceeded with the land acquisition proceedings as per the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and have acquired the lands to an extent of 25.18 acres in Phase-I and an extent of 25.69 acres in Phase-II totalling to 50.87 acres in 2 phases and after deliberations by following the procedures under Section 7(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act belonging to the petitioners and others. After negotiations, it was mutually agreed to fix Rs.1,46,93,750/- for the lands type wet lake irrigation single crop Type-I and Rs.1,25,00,000/- for the lands type of Wet Special Type-II as base sale value under provisions of the Act 30 of 2013. After applying the multiplier and the solatium as per the Act 30 of 2013, the compensation price was fixed at Rs.4 crores per acre, award has been passed and amount has been d
