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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. Sundar, P. Dhanabal, JJ
T.N. Natarajan (died) – Appellant
Versus
State of Tamil Nadu, Represented by its Commissioner and Secretary, Housing and Urban Development Department – Respondent
ORDER :
(S.S. SUNDAR, J.)
This Review Application is preferred by the legal heirs of the appellant in W.A.No.2572 of 2001 seeking review of the common order dated 27.01.2016 passed in W.A.No.2572 of 2001 and W.P.No.2885 of 2011.
2.The petitioners herein are the legal heirs of Late Mr.T.N.Natarajan, who is the appellant in W.A.No.2572 of 2001. Pursuant to a notification dated 16.10.1991 issued under Section 4(1) of the Land Acquisition Act, the land belonged to Late T.N.Natarajan was acquired for the purpose of formation of Truck Terminal in Koyambedu Wholesale Market Complex by the Madras Metropolitan Development Authority. Late Mr.T.N.Natarajan filed a writ petition in W.P.No.20286 of 1993 challenging the notification issued under Section 4(1) of the Land Acquisition Act and the subsequent declaration under Section 6 of the Act in respect of his land situated in S.No.52, 53, 56, 57, 62, 63 and 6 of Nerkundram Village, Saidapet Taluk, Chengai MGR District, measuring 4.4 Acres. The said writ petition was dismissed by the learned Single Judge of this Court by order dated 19.10.2001. Challenging the same, Late Mr.T.N.Natarajan preferred the Writ Appeal in W.A.No.2572 of 2001. In respect
The court affirmed that procedural irregularities in land acquisition notifications do not invalidate the process if the landowner participated in the enquiry and raised objections.
Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.
The procedural requirements under the Land Acquisition Act must be strictly followed; failure to do so invalidates the acquisition process.
The principle of res judicata applies to bar subsequent challenges to notifications under the Land Acquisition Act, and delay and laches in challenging land acquisition proceedings render the petitio....
Failure to comply with statutory publication requirements and omit mandatory enquiry under Section 5(A) invalidated the land acquisition process.
The court emphasized the importance of truthful claims and participation in legal proceedings, and upheld the validity of the invocation of the Central Act for land acquisition.
Land acquisition – Notification - Merely because land owners had knowledge or failed to file objections would not make the notification valid if it is not published in the manner provided.
The subsequent purchaser had no locus to challenge the acquisition and/or lapsing of the acquisition, and the property vested absolutely in the Government free from all encumbrances under Section 16 ....
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