Land acquisition proceedings lapse under Section 24(2) when compensation is not paid and possession is not taken for over five years, clarifying definitions of 'paid' and 'deposited'.

ORDER :

MOHAMMED SHAFFIQ, J.

The present writ petition is filed to declare the land acquisition proceedings in respect of the lands comprised in S.F.No.226/1 (Now 226/1B) situated at Vilankurichi Village, Coimbatore North Taluk, measuring an extent of 3.22 Acres covered by Award No.3/1995, dated 20.11.1995, as having lapsed in terms of sub section (2) to Section 24 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 (hereinafter referred to as the “New Act”.

2. Brief Facts:

2.1. Petitioners are the owners of lands comprised in S.F.No.226/1 (Now 226/1B), situated at Vilankurichi Village, Coimbatore North Taluk, measuring an extent of 3.22 Acres. The subject property was acquired by the petitioners vide following Sale Deeds :

2.2. Petitioners have been in continuous possession of the subject property since their purchase made in 1987. Whileso, Government of Tamil Nadu issued a notification dated 22.09.1992 under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the “Old Act”) vide G.O.Ms.No.650 Housing and Urban Development (LA-III) Department, notifying various lands including subject lands as required for formation of Ganapathy Neighbourhood Scheme Phase 3. Above notification was published in the Gazette on 21.10.1992 and Tamil Newspapers on 02.01.1992. Thereafter, a notice under Section 5A of the “Old Act” was issued during February 1992 and served on petitioners sometime in April 1993, calling upon the petitioners to submit their objections. Petitioners submitted their objection to the said notice. An enquiry under of the "Old Act" was conducted on 04.05.1993. Petitioners reiterated their objection during the enquiry. Thereafter, a declaration dated 15.11.1993, came to be issued under Section 6 of the "Old Act" in G.O.Ms.No.939, Housing and Urban Development (LA-III) Department. Above notification was challenged before this Court by petitioners 1, 3 and 6 herein in W.P.No.6887 of 1995. The said writ petition was dismissed vide order dated 03.07.1995. Writ Appeal No.977 of 1995 came to be filed challenging the above order in the writ petition. th Writ Appeal also stood dismissed vide order dated 17.09.1997. 11 petitioner herein also filed a writ petition in W.P.No.1880 of 1995 and the same was also dismissed. Writ Appeal filed challenging the order of nd dismissal of writ petition also came to be dismissed. 2 respondent passed an Award in Award No.3/1995 dated 20.11.1995.

2.3. It is submitted that petitioners were not served either with the Award or notices in terms of Section 12 (2) of the Old Act.

2.4. It is submitted that possession was not taken by the State or the Housing Board pursuant to the acquisition proceedings instead petitioners continued to remain in possession of subject properties and converted the same into layouts /colonies as could be seen from the following table: