Land acquisition proceedings lapse if compensation is not tendered and possession is not taken, as mandated by law.

ORDER :

N.ANAND VENKATESH, J.

This writ petition has been filed seeking for a declaration to declare the land acquisition proceedings initiated under the Land Acquisition Act, 1894, as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act No.30/2013) [hereinafter referred to as 'the Act'].

2. The case of the petitioners is that the lands were acquired by notification under Section 4(1) of the Land Acquisition Act, 1894, dated 25.08.1984. Thereafter, Section 6 declaration was published on 27.06.1985. An award was passed by the fourth respondent in Award No.2/85-86 on 10.03.1986 and this was objected by the petitioners' father.

3. The specific case of the petitioners is that neither possession was taken nor compensation was tendered to the petitioners and therefore, the acquisition proceedings lapsed in view of Section 24(2) of the Act.

4. The sixth respondent has filed a counter affidavit on behalf of the respondents. A stand has been taken to the effect that the entire acquisition proceedings have been completed and steps are being taken to allot the property to persons belonging to Adidravidar families as house sites. That apart, the lands are now classified as Natham poramboke. It is further stated that the father of the petitioners, who was the owner of the property, refused to receive the compensation amount and therefore, the compensation was deposited under revenue deposit. Insofar as the possession is concerned, the petitioners did not allow the respondents to evict them from the property. However, the possession has been taken in accordance with 1894 Act. In view of the same, the respondents have taken a stand that the petitioners are not entitled for the relief sought for in this writ petition and accordingly, sought for the dismissal of the writ petition.

5. Heard Mr.R.Gopinath, learned counsel for petitioner and Mr.A.Selvendran, learned Additional Government Pleader appearing for respondents.

6. When the writ petition came up for hearing on 22.11.2024, this Court passed the following order:

"Heard Mr.R.Gopinath, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader, who takes notice on behalf of respondents 1 to 6.

2. This Writ Petition has been filed to declare that the land acquisition proceedings initiated under Section 4(1) of the Land Acquisition Act, 1894 dated 25.08.1984 in respect of the land comprised in S.No.46/3B measuring 8 Ares (19.77 cents) and S.No.46/4, measuring 13.5 Ares (33.36 cents), totally measuring an extent of 53.15 cents situated at Kural Village, Chinnasalem Taluk, Kallakurichi District has lapsed, in view of Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. The Writ petition for declaration is primarily based on the ground that the respondents have not taken possession of the land to date, as is evident from the findings rendered by the III Additional District Judge, Kallakurichi in O.S.No.317 of 2011 in respect of issue No.1 framed in the suit, namely, "Whether the plaintiff is entitled to the decree of permanent injunction as claimed by him". The learned Judge made the following observations in paragraph 15 of the said judgment:

4. Considering the fact that the possession of the property has been decreed in favour of the petitioner in the suit after contest, there shall be an order of interim injunction as prayed for in W.M.P.No.38575 of 2024 till 03.01.2025.

5. Post the matter on 03.01.2025."

7. The matter was once again listed for hearing on 13.03.2025 and the following order was passed by this Court:

"This writ petition has been filed to declare that the acquisition proceedings has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called as the Act).

2. The petitioners have ta