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.

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.691, Housing and Urban Development Department, dated 09.10.1992 deemed to have lapsed in view of Section 24 (2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. It is the case of the petitioners that they purchased house sites with small extent in a layout called as ‘Ragavendra Nagar’ situated in Survey Nos.863, 864 and 844 situated at Chennathur Village of Hosur Taluk, Krishnagiri District during the year 1988 and 1989 through registered Sale Deeds from previous owners. The 1^st respondent issued 4(1) notification for acquisition of lands situated in Survey Nos.863, 864 and 844 for formation of Housing Scheme to be promoted by 2^nd respondent. The 4(1) notification was issued on 29.05.1991. Subsequently, Section 6 declaration was made on 09.10.1992. The acquisition proceedings were challenged by the petitioners through an association called as ‘Sri Ragavendra Nagar Residents Welfare Association’ in W.P.No.13943 of 1994 and an interim stay of dispossession was also obtained. The writ petition came to be dismissed on 20.07.2001. Sri Ragavendra Nagar Residents Welfare Association filed W.A.No.2832 of 2004 and the same was disposed on 02.08.2004 with the following observation:-

“4. Mr.Subba Reddy, learned counsel for the appellant submitted that as yet the possession has not been taken over even though twelve years have passed after the notification was issued and that he is still in possession of the property. It is for the appellant to choose to file a proper application under Section 48B of the Land Acquisition Land and if such an application is filed it is for the authority to consider it in accordance with law.”

3. It is asserted by the petitioners that though 6 declaration was made as early as 09.10.1992, physical possession has not been taken over by the respondents and petitioners continued to be in possession of their property. It is also averred in the affidavit filed in support of these writ petitions that though award was passed on 10.10.1994 vide Award No.27/1994, the compensation amount has not been paid to the petitioners. Therefore, it is the contention of the learned counsel appearing for the petitioners that the twin conditions laid down in the case of Indore Development Authority vs. Manoharlal and others ,2020 SCC Online SC 316 had been satisfied and as a consequence, land acquisition proceedings got lapsed under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. Per contra, Mr.P.Kumeresan, learned Additional Advocate General appearing for the respondents 1 and 4 and Mr.S.Ramachandran, learned counsel appearing for the respondents 2 and 3 by taking this Court to the Possession Certificate da