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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N.ANAND VENKATESH
United India Insurance Company Ltd. – Appellant
Versus
State of Tamil Nadu, rep. by the Secretary to Government, Revenue Department – Respondent
| Table of Content |
|---|
| 1. background on land acquisition and parties involved. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties. (Para 6 , 7 , 8) |
| 3. discussion on alignment change and original project plans. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. relocation of temple deities as part of project impact. (Para 15 , 16 , 17 , 18 , 19) |
| 5. principles of promissory estoppel and government obligations. (Para 20 , 21 , 22 , 23 , 24) |
| 6. reliance on the authorities' undertakings and noc. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 7. fairness and arbitrariness in executive decisions. (Para 31 , 32 , 33 , 34 , 35) |
| 8. legal precedent on land acquisition of religious properties. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 9. court's conclusion on promissory estoppel and project legitimacy. (Para 42 , 43 , 44 , 45) |
| 10. final order and implications for cmrl. (Para 46) |
ORDER :
(N. ANAND VENKATESH, J.)
This a petition filed under Article 226 of The Constitution of India challenging a notice dated 26.9.2024 issued by the second respondent - the Chennai Metro Rail Limited (CMRL) under Sub-Section (2) of Section 3 of the TAMIL NADU ACQUISITION OF LAND FOR INDUSTRIAL PURPOSES ACT , 1997 (for short, the Act), calling upon the p
The principle of promissory estoppel binds authorities to uphold previous assurances, ensuring fairness in public decision-making, particularly in land acquisition matters.
Point of Law; Executive is expected to follow the 'Rule of law'. It cannot be gainsaid that in several cases, where fauity executive decisions are implemented lead to irreversible eventualities as in....
Acquisition of land for transport infrastructure is valid under the industrial purpose definition, and there is no statutory time limit for passing awards under Tamil Nadu Acquisition Act.
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apply to all acquisitions of land for the use of the appropriate Gover....
The acquisition for a purpose stated in general terms, such as “for the execution of the Interim General Plan for the Greater Delhi”, or “for the planned development of Delhi”, cannot be described as....
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The Court upheld the validity of land acquisition notifications, affirming the Government's discretion to dispense with notice under urgency, satisfying public purpose requirements for establishing a....
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