Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. S. SUNDAR, P. DHANABAL
State Of Tamil Nadu – Appellant
Versus
P. Sundaram, S/o Perumal Chettiar – Respondent
| Table of Content |
|---|
| 1. writ appeals concerning land ceiling issues. (Para 1 , 2) |
| 2. arguments regarding the lack of notices and proper procedures. (Para 3 , 5 , 6 , 8 , 10 , 12) |
| 3. court's observations regarding procedural failings in land acquisition. (Para 4 , 7 , 9 , 11 , 14 , 16) |
| 4. final orders and directions regarding compensation. (Para 13) |
| 5. final directives for compensation and acquisition processes. (Para 17) |
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 1st 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 Vay
The lack of physical possession and non-payment of compensation void acquisitions under urban land ceiling laws, entitling landowners to compensation under newer frameworks.
Section 11(3), the State Government has to take further action for taking possession of the land, if land owner or any person in possession refuses or fails to surrender or deliver possession of the ....
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
