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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
A.Selvaraj – Appellant
Versus
Government Of Tamil Nadu, Rep. By The Secretary To Government, Housing And Urban Development Department – Respondent
| Table of Content |
|---|
| 1. overview of petitioners' land ownership and acquisition history. (Para 2) |
| 2. arguments of the petitioners regarding possession and compensation. (Para 3) |
| 3. respondents' counterarguments concerning prior challenges to acquisition. (Para 4) |
| 4. analysis of section 24(2) of the new act. (Para 6) |
| 5. court's findings on possession and compensation payment. (Para 7 , 8 , 9) |
| 6. conclusion regarding lapse of acquisition proceedings. (Para 10) |
| 7. final order disposing of the writ petition. (Para 11) |
ORDER :
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”.
2.1. 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 pro
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'.
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Land acquisition proceedings do not lapse under Section 24(2) if compensation is deposited in court, even if possession is not taken, unless the landowners can prove deprivation of compensation.
Land acquisition - No notice was issued to the writ petitioners before compensation amount was deposited by way of revenue deposit, the same would not result in compensation being payable in terms of....
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....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
The court ruled that possession taken negates the lapse of acquisition proceedings, entitling Petitioners to compensation under the Right to Fair Compensation and Transparency in Land Acquisition Act....
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
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