O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Declaration, to declare that entire land proceedings in respect of petitioner's property of an extent of 15 cents in Survey No.420/3B2 at Sholinganallore Village, Tambaram Taluk, Kancheepuram District, culminating in the award No.1 of 1997 dated 02.05.1997 of the 2nd respondent herein as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the absolute owner and in the possession of the property to an extent of 15 cents in Old Survey No.421/3, New Survey No.421/B, Patta No.741 (Survey No.421/3B2 as per Patta) in Sholinganallore Village, Tambaram Taluk, Kancheepuram District. The petitioner purchased the property from one Thiruvengadam Naicker, vide registered sale deed, dated 23.03.2004 registered as Doc.No.1585 of 2004, on the file of the Sub Registrar's Office, Neelangarai. Petitioner's vendor was in physical possession of the said property and Patta also stands in vendor's name. In the second week of December, 2014, the Housing and Urban Development Department officials came to the property under the guise of inspection and on enquiry it was stated that the land was subject matter of Land Acquisition proceedings of the year 1991 and acquired for the benefit of the Tamil Nadu Housing Board, Sholiganallore Neighborhood Housing Scheme. When petitioner enquired at 2nd respondent Office, it comes to light that larger extent of lands inclusive of the land in Survey No.421/3 which belong to his vendor Mr.Thiruvengadam was the subject matter of Land acquisition proceedings vide Notification under Section 4(1) of the Land Acquisition Act, dated 14.05.1990 and a Declaration under Section 6 of the Land Acquisition Act was issued under G.O.Ms.No.948 Housing and Urban Development Department, dated 07.06.1981 and an award was passed in No.1 of 1997, dated 02.05.1997 and 13 cents of land in Survey No..421/3B2 was also included therein. The compensation amount was determined at Rs.33,366/- for the vendor, but the same was not paid as vendor had not appeared before the Authorities for award enquiry. The compensation was not paid and physical possession was not taken. Hence, this writ petition is filed in order to avail the benfit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013.

4. Learned Counsel for the petitioner submitted that till date the possession was not taken by the respondents and the petitioner purchased the property in the year 2004 and is assessed to property tax and obtained electricity connection and other service connection from the Revenue authorities. Hence, the entire acquisition proceedings which was initiated by the respondent as against the petitioner's vendor stood lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013. Accordingly, he prays for allowing this petition.

5. The learned Special Government Pleader appearing on behalf of the official respondents submitted that the land was acquired as against the petitioner's vendor and issued Notification under Section 4(1) and Declaration under Section 6 of the Land Acquisition Act. Thereafter, the award was passed in the year 1997, and after passing the award possession was handed over to the Tamil Nadu Housing Board by Land Acquisition Officer on 16.08.2004, prior to that the entire compensation amount was deposited to the tune of Rs.33,366/-. So, in view of the above, possession was taken and the amount was deposited, the land