The court upheld that stale claims related to land acquisition cannot be revisited, emphasizing that subsequent purchasers cannot contest valid acquisitions based on possession, which amounts to encroachment.

JUDGMENT :

S.M.Subramaniam J.

Under assail is the order dated 06.11.2023 passed in W.P.No.748 of 2017. 2. The Writ Petition has been instituted by the appellant before this Court to declare that the land acquisition proceedings initiated under the LAND ACQUISITION ACT , 1894 in respect of the land belonging to the petitioner comprised in,

All in Valasarawakkam Village, Chennai, as lapsed, in view of Section 24 (2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Act 30/2013).

3. The uncontroverted facts are that land acquisition proceedings under the Old Act commenced in respect of the subject property in the year 1975. The Government in G.O.Rt.No.136, Housing Department, dated 14.05.1975, approved the Draft Notification under Section 4(1) of the LAND ACQUISITION ACT for an extent of 248.18 Acres of land in Valasaravakkam Village, Maduravoyal Taluk, Thiruvallur District, for the formation of New Ramapuram Neighbourhood Scheme by Tamil Nadu Housing Board. It was also published on 11.06.1975. The Draft Declaration and Direction under Sections 6 and 7 of the LAND ACQUISITION ACT was approved by the Government in G.O.Ms.No.963, Housing Department, dated 07.06.1978 and published in Tamil Nadu Government Gazette, dated 09.06.1978. After observing all the formalities under the LAND ACQUISITION ACT , Award Nos.4/86 dated 05.09.1986 and 12/86 dated 29.09.1986 were passed. The subject lands comprised in S.Nos.213/1, 213/2 and 217/2 are covered in the aforesaid awards passed by the Land Acquisition Officer. The possession of the said lands were taken by competent authorities and handed over to the Tamil Nadu Housing Board on 13.11.1986 and 15.12.1986 and since then the subject land vests with Tamil Nadu Housing Board.

4. Particulars such as ownership, extent, compensation amount etc., in respect of the subject land are categorically stated in the counter affidavit filed by the Tamil Nadu Housing Board in W.P.No.748 of 2017 as under,