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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar
R.C.Joshua – Appellant
Versus
State of Tamil Nadu, rep. by its Chief Secretary to Government Secretariat – Respondent
| Table of Content |
|---|
| 1. challenge to land acquisition under industrial purposes act (Para 1 , 2) |
| 2. arguments against validity of acquisition for metro project (Para 3 , 4) |
| 3. scope of 'industrial purpose' in the acquisition act (Para 5 , 7 , 8) |
| 4. court's observation on necessity for infrastructure. (Para 6) |
| 5. infrastructure as part of industrial purpose (Para 9 , 10) |
| 6. petitioner's prior knowledge affects current arguments (Para 11 , 12) |
| 7. time limits for award validity in acquisition acts (Para 15 , 16 , 19) |
| 8. dismissal of writ petition based on established legal framework (Para 20 , 21) |
ORDER :
S. Sounthar, J.
The present Writ Petition has been filed by the petitioner challenging the Notification No.VI(1)/330(c-8)/2021 published in the Tamil Nadu Government Gazette (Extraordinary) dated 26.11.2021 for acquisition of his land under Section 3(1) of TAMIL NADU ACQUISITION OF LAND FOR INDUSTRIAL PURPOSES ACT , 1997 (hereinafter referred to as ' INDUSTRIAL PURPOSES ACT ' for brevity).
2. The petitioner is the owner of land in Re-Survey No.3132/8, Block No.52, Balfour Road. He had put up a residential building thereon and he has been living there for more than 50 years. The petitioner received
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.
Point of law: a claim by clothing time barred right is appears to be within the Limitation.”
The government is not bound by prior negotiations unless formalized, retaining authority to determine compensation under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
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....
Timely objections to land acquisition notifications are essential for their consideration under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
Acquisition proceedings that have attained finality, with compensation paid and possession taken, cannot be challenged after a significant delay. Furthermore, the transfer of acquired land between st....
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....
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....
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