IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 06.08.2021 Pronounced on : 17.09.2021 CORAM THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Nos.29265 of 2005 & 26819 of 2014 and WPMP.No.32012 of 2005, MP.No.1 of 2014 & WVMP.No.144 of 2008 WP.No.29265 of 2005 N.Janaki ..Petitioner Vs.

State of Tamilnadu, Rep. by Secretary to Government, Housing and Urban Development Department, Madras-9 ..Respondent PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that the land acquisition proceedings in respect of the land admeasuring 0.02 acres in S.No.336/4T7 and land measuring 0.48 acres situated in S.No.336/5C2, totally admeasuring 0.50 acres in Maraimalainagar as having lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(prayer amended vide court order dated 24.09.2018 made in WPMP.No.192 of 2014 in WP.No.29265 of 2005)

For Petitioner : Mr.R.Parthasarathy For Respondent : Mr.Richardson Wilson, Government Advocate WP.No.26819 of 2014 N.Janaki ..Petitioner Vs.

State of Tamilnadu, Rep. by Secretary to Government, Housing and Urban Development Department, Chennai-9 ..Respondent PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that the land acquisition proceedings in respect of the land admeasuring 0.02 acres in S.No.336/4T7 and land admeasuring 0.48 acres situated in S.No.336/5C2, totally admeasuring 0.50 acres in Maraimalainagar as having lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For Petitioner : Mr.R.Parthasarathy For Respondent : Mr.Richardson Wilson, Government Advocate

COMMON ORDER

The writ petition in WP.No.29265 of 2005 has been filed to issue a writ of declaration declaring that the land acquisition proceedings in respect of the land admeasuring 0.02 acres in S.No.336/4T7 and land measuring 0.48 acres situated in S.No.336/5C2, totally admeasuring 0.50 acres in Maraimalainagar as having lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; the writ petition in WP.No.26819 of 2014 has been filed to issue a writ of declaration declaring that the land acquisition proceedings in respect of the land admeasuring 0.02 acres in S.No.336/4T7 and land admeasuring 0.48 acres situated in S.No.336/5C2, totally admeasuring 0.50 acres in Maraimalainagar as having lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The petitioner originally filed writ petition in WP.No.29265 of

2005 challenging the order passed by the respondent dated 26.07.2005 in letter No.7822/UD3(L)/ 2004-14. While pending the writ petition, the petitioner filed amendment petition and accordingly, the prayer was amended by the order dated 24.09.2018 for declaration declaring that the entire land acquisition proceedings lapsed as per Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While pending the writ petition in WP.No.29265 of 2005, the petitioner filed another writ petition in WP.No.26819 of 2014 with the very same prayer for the very same property.

3. The case of the petitioner is that an industry called M/s.Rajalakshmi Foundry situated in the subject property which was purchased in the year 1970. It was subsequently expanded by putting up additional construction in the subject land in question, which was situated in a backward area which has now been declared as an area for industrial promotion encroached by Small Industries Promotion Corporation of Tamil Nadu(SIPCOT). While being so, an acquisition proceedings was initiated in the year 1974 and culminated in a declaration under Section