Acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession is not taken and compensation is not paid.

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 under them from in any manner interfering with the petitioners peaceful possession and enjoyment of his land admeasuring 98 Ares (2.42 acres) comprised in S.F.No. 81/2A situated in Ayyamperumalpatti Village, District Salem.

4. W.P.No.12221 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. 81/2A admeasuring 98 ares (2.42 acres) dated 10.11.2023 and quash the same and consequently issue a mandamus forbearing the respondents, their officers, employees, subordinates or any person claiming or acting under them from in any manner interfering with the petitioners peaceful possession and enjoyment of his land admeasuring 98 Ares (2.42 acres) comprised in S.F.No. 81/2A situated in Ayyamperumalpatti Village, District Salem.

5. W.P.No.12223 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. 81/2A admeasuring 15 ares (0.37 acres) dated 10.11.2023 and quash the same and consequently issue a mandamus forbearing the respondents, their officers, employees, subordinates or any person claiming or acting under them from in any manner interfering with the petitioners peaceful possession and enjoyment of his land admeasuring 98 Ares (2.42 acres) comprised in S.F.No. 81/2A situated in Ayyamperumalpatti Village, District Salem.

6. Since there is a commonality with reference to the facts, a common judgement is being passed in all these writ petitions. The issue that is involved in the present writ petitions which have been filed by the original owners and the subsequent purchaser is whether the Land Acquisition Proceedings in Survey No.81/2A measuring 2.48 acres, Survey No.81/2C measuring 0.37 acres and Survey No.81/2G, measuring 0.65 acres at Ayyamperumalpatti Village Salem, stood lapsed by virtue of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (herein after referred to as the “2013 Act”). The land in Survey Nos.81/2C and 81/2G belong to one K.M.Arumugam and the land in Survey N.81/2A belongs to Palaniappa Poosari.

7. The facts are as follows:-

The following lands besides other lands were subject to acquisition proceedings:-

(i) Petitioner's Case:-

8. On 23.06.1981, a Section 4(1) Notification under the Land Acquisition Act, 1894 (herein after referred to as the “1894 Act”) was issued in respect of the above-referred properties. This was followed by a Declar