The lack of physical possession and non-payment of compensation void acquisitions under urban land ceiling laws, entitling landowners to compensation under newer frameworks.

JUDGMENT :

S.S.Sundar, J.

All these writ appeals are directed against the common order passed by the learned Single Judge dated 25.02.2020 in W.P.No. 29445 & 29446 of 2015 and W.P.No. 10383 of 2017. Writ appeal in W.A.Nos. 1928 of 2021 & W.A.No. 3 of 2022 were filed by the State and the Member Secretary, CMDA respectively against the order passed in W.P.No. 10383 of 2017 and the Writ appeal in W.A.No. 1923 of 2021 is filed by the State challenging the order passed in W.P.No. 29445 of 2015.

Brief facts that are necessary for disposal of these appeals are as follows;

2.1 The 1^st respondent herein who is the petitioner in all the writ petitions is the son of Perumal Chettiar and the owner of an extent of two acres of land which is equivalent to 8100 sq.meters in Sno. 103/3B2 in Vayanallur Village, Poonamallee Taluk, Tiruvallur District. The said property was purchased by the 1^st respondent by sale deed 04.07.1997 . The extend and title over the property is not in dispute in the present proceedings.

2.2 The 1^st respondent who was in possession and enjoyment of the land, filed a writ petition along with his wife and children in W.P.No. 29445 of 2015 to quash the proceedings passed by the Commissioner of Urban Land Ceiling, dated 27.06.2014 and for consequential directions to pay compensation for the land acquired by the Urban Land Ceiling authorities as per prevailing market value.

The authorities under the Urban Land Ceiling Act initiated proceedings against the petitioner for acquiring surplus lands under Urban Land Ceiling Act. As against the proceedings dated 27.06.2014 rejecting the representation of the 1^st respondent to release an extent of 31 cents of land on the ground that the land which was acquired under the Urban Land Ceiling Act, have been handed over to the CMDA for formation of outer ring road, the 1^st respondent filed another writ petition in W.P.No. 29446/2015 seeking mandamus, directing the 3^rd respondent to demarcate and alltot an extent of 31 cents to which the petitioners are entitled. The writ petition in W.P.No. 10387 of 2017 was filed for declaration declaring that the entire proceedings initiated by the authorities under TAMIL NADU URBAN LAND CEILING ACT 1978, commencing from the proceedings dated 30.04.1997 till the completion of Urban Land Proceedings under Section 12 of the Act is null and void and consequentially to apply the provisions of Urban Land Ceiling Repeal Act 1999 to hold that Urban Land Ceiling Proceedings stand abated and to hold that the 1^st respondent is entitled to compensation under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Act 30 of 2013).

2.3 Learned Single Judge taken up the writ petition in W.P.No.10383 of 2017 as a leading case and found that the Urban Land Ceiling Act has abated since no compensation amount is paid. It is pertinent to mention that the learned Single Judge recorded a finding that the possession was taken on 14.06.1999. Though it is held that the writ petitioner cannot claim the benefit of Repeal Act 1999 by alleging that they have been in possession of the land, the learned Single Judge following the judgment of the Hon'ble Division Bench of this Court in the case of The Government of Tamil Nadu and Others v. M/s. Mecca Prime Tannery, represented by its Managing Director and Others [2012 (4) L.W. 289], held that the proceedings under Urbana Land Ceiling Act ought to be taken as abated on coming to force of Repeal Act 1999 as compensation was not yet paid for the surplus lan