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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar
T.Venkatesh @ T.Chinnabbiah – Appellant
Versus
State of Tamil Nadu Rep by its, Secretary to Government, Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. land acquisition proceedings sought to be declared lapsed. (Para 1 , 2) |
| 2. contention regarding physical possession and compensation. (Para 3 , 4) |
| 3. legal criteria for lapsing of acquisition proceedings. (Para 5 , 6) |
| 4. mode of establishing possession is through witness-backed panchnama. (Para 7 , 8 , 11 , 12) |
| 5. indore case outlines conditions leading to lapse of acquisition proceedings. (Para 9) |
| 6. lack of independent witness in possession claims undermines validity. (Para 10) |
| 7. requirement for tendering compensation to landowners. (Para 13 , 14 , 15) |
| 8. satisfaction of twin conditions leading to lapse confirmation. (Para 18 , 19) |
| 9. final order allowing the writ petitions. (Para 20) |
ORDER :
S. Sounthar, J.
1. These Writ Petitions are filed seeking a declaration that Land Acquisition Proceedings initiated under the LAND ACQUISITION ACT , 1894 in respect of the petitioners land situated in Survey Nos.863, 864 and 844 of Chennathur Village, Hosur Taluk, Krishnagiri District, covered by Notification issued under Section 4(1) of the LAND ACQUISITION ACT ,1894, in G.O.Ms.No.890, Housing and Urban Development Department, dated 29.05.1991 and Section 6 Declaration in G.O.Ms.No
Land acquisition proceedings under the 1894 Act lapse when both possession is not taken and compensation remains unpaid, as established in the Indore Development Authority case.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession is not taken and compensation is not paid.
Lapse of land acquisition proceeding – Period during which interim order passed by Court is/was operative, has to be excluded in computation of five years’ period.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
Merely because there was an audit objection and a portion of the amount deposited was returned would not lead to the interference that the amount was not deposited.
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