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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
Krishnammal – Appellant
Versus
Secretary To Government Housing And Urban Development Department – Respondent
ORDER :
W.P.No.34558 of 2023 has been filed to declare that the acquisition proceedings of the respondents in respect of Award No. 4/88-89 dated 24.12.1988 for Survey No. 81/2C, admeasuring 0.37 acres and Survey No. 81/2G, admeasuring 0.65 acres, totally 1.02 acres as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
2. W.P.No.34569 of 2023 has been filed to declare that the acquisition proceedings of the respondents in respect of Award No.4/88-89 dated 24.12.1988 for Survey No. 81/2A, admeasuring 2.42 as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
3. W.P.No.12219 of 2024 has been filed to call for the records of the 4th respondent comprised in Patta proceedings No. 2023/0153/08/020919TR dated 10.11.2023 passed by the 4th respondent in respect of Survey No. 81/2C admeasuring 26 ares (0.65 acres) dated 10.11.2023 and quash the same and consequently issue a mandamus for bearing the respondents, their officers, employees, subordinates or any person claiming or acting
Acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession is not taken and compensation is not paid.
Land acquisition proceedings under the 1894 Act lapse when both possession is not taken and compensation remains unpaid, as established in the Indore Development Authority case.
Merely because there was an audit objection and a portion of the amount deposited was returned would not lead to the interference that the amount was not deposited.
Subsequent purchasers cannot challenge land acquisition proceedings, and the lapse of acquisition proceedings under Section 24(2) of the Fair Compensation Act depends on the fulfillment of possession....
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
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