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2025 Supreme(Mad) 3133

Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Viduthalai Senior Counsel assisted by Dr.N.Moorthi, Standing Counsel for TNHB
For the Respondents: Mr.A.S.Ragul Adhithya, Ms.P.T.Ramadevi, Mr.L.Chandrakumar, Mr.V.Manohar and Mr.L.G.Sahadevan Mr.V.Manohar, Mr.L.G.Sahadevan

The court confirmed that land acquisition proceedings, once awards are passed and compensation deposited, are valid under the applicable laws, rejecting claims based on broader exemption decisions.

Headnote:(A) Land Acquisition Act, 1894 - Section 4(1) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Appeals challenging the land acquisition proceedings and the constitutionality of awards passed - The court ruled that the Government's decisions regarding acquisition are valid when awards have been made and compensation deposited; reliance on mass exemptions is not warranted. (Paras 3, 4, 8, 13, 15)

(B) Writ Jurisdiction - The court emphasized the authority of the Government in land acquisition under prescribed acts, rejecting claims of re-conveyance post-acquisition as a right. (Paras 10, 12)

Facts of the case:
Five villages had land acquisition proceedings initiated under the old act in 1998 for a housing scheme, challenged by landowners through writ petitions; awards were passed, and compensation was deposited, with some landowners withdrawing amounts.

Findings of Court:
The court recognized the validity of the acquisition processes under the old act, affirming the necessity of adhering to completed legal procedures despite partial exemptions granted by the Government.

Issues: The main questions involved challenged the validity of awards under the old act and applicability of newer exemptions to already acquired land.

Ratio Decidendi: The court established that awards once passed and compensation deposited solidify the Government's claim over land; past decisions by the Government regarding acquisition exemptions do not apply where awards were issued.

Result: Writ appeals allowed; prior orders quashed.

Table of Content
1. substitution of legal heirs in appeals (Para 1 , 2)
2. government land acquisition proceedings initiated (Para 3 , 4 , 5)
3. arguments regarding claims and exemptions in acquisition (Para 6 , 7 , 8 , 9)
4. court considered arguments presented (Para 10)
5. conclusion relating to re-conveyance and applicability of laws (Para 11 , 12 , 13 , 14 , 15)

JUDGMENT :

S.M.SUBRAMANIAM, J.

1.1. C.M.P.Nos.3293 & 4085 of 2025 in W.A.Nos.3826 & 3846 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stand ordered and they are impleaded as respondents 5 to 8 in W.A.Nos.3826 & 3846 of 2024.

1.2. C.M.P.Nos.3679 & 3680 of 2025 in W.A.Nos.3830 & 3852 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stand ordered and they are impleaded as respondents 5 to 8 in W.A.Nos.3830 & 3852 of 2024.

1.3. C.M.P.No.4071 of 2025 in W.A.No.3842 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stands ordered and they are impleaded as respondents 3 to 7 in W.A.No.3842 of 2024.

1.4. C.M.P.No.3284 of 2025 in W.A.No.3847 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stands ordered and they are impleaded as respondents 5 to 9 in W.A.No.3847 of 2024.

1.5. C.M.P.No.6061 of 2025 in W.A.No.3853 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stands ordered and they are impleaded as respondents 3 to 6 in W.A.No.3853 of 2024.

1.6. C.M.P.No.3710 of 2025 in W.A.No.3857 of 2024 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stands ordered and they are impleaded as respondents 3 to 6 in W.A.No.3857 of 2024.

1.7. C.M.P.No.3285 of 2025 in W.A.No.3859 of 2024 seeking to substitute the petitioner as legal heir of deceased 1st respondent, stands ordered and he is impleaded as respondent No.3 in W.A.No.3859 of 2024.

1.8. C.M.P.No.6069 of 2025 in W.A.No.498 of 2025 seeking to substitute the petitioners as legal heirs of deceased 1st respondent, stands ordered and they are impleaded as respondents 4 to 8 in W.A.No.498 of 2025.

1.9. C.M.P.No.3692 of 2025 in W.A.No.594 of 2025 seeking to substitute the petitioners as legal heirs of deceased 9th respondent, stands ordered and they are impleaded as respondents 12 to 15 in W.A.No.594 of 2025.

2. The batch of intra-Court appeals on hand have been instituted under Clause 15 of the Letters Patent, challenging the orders passed by the writ Court dated 18.11.2021 & 07.01.2022 respectively, in the batch of writ petitions.

3. The facts in brief required for consideration would be that the land acquisition proceedings in five villages, namely, Koothambakkam, Vellavedu, Parvatharajapuram, Narasingapuram and Chembarambakkam villages were initiated by the Government under the LAND ACQUISITION ACT , 1894 (hereinafter referred to as “the old LA Act”) in the year 1998, pursuant to the announcement made by the Hon'ble Minister for Housing and Urban Development on the floor of the Assembly on 21.08.1996, for developing Tirumazhisai Neighbourhood Scheme through the requisitioning body, Tamil Nadu Housing Board. Acquisition proceedings were initiated to acquire 1694.98 acres, which includes 743.35 acres of wet lands and 951.63 acres of dry lands. S.4(1) notification was issued. Admittedly, awards have been passed in respect of 466.49 acres, which includes 371.59 acres of wet lands and 94.90 acres of dry lands. In respect of lands acquired after passing of awards, the Government passed an order and handed over the acquired lands to the Tamil Nadu Housing Board. Challenging S.4(1) notification, writ petitions were filed by the owners. The batch of writ petitions filed challenging S.4(1) notification were allowed and aggrieved thereby, the Tamil Nadu Housing Board and the Special Tahsildar (Land Acquisition) preferred writ appeals before this Court. The writ appeals filed by the Tamil Nadu Housing Board were dismissed by the D

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