WP.Nos. 15397 to 15400 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

WP. Nos. 15397 to 15400 of 2017

and

WMP. Nos. 16707 to 16710 of 2017

G.Uttam Kumar

... Petitioner in W.P.No.15397 of 2017

G.Uttam Kumar

... Petitioner in W.P.No.15398 of 2017

Ashok Kumar Bagri

... Petitioner in W.P.No.15399 of 2017

G.Uttam Kumar

... Petitioner in W.P.No.15400 of 2017

Versus

1 The Secretary to Government,

Industries Department,

Secretariat, Chennai 9.

2 The District collector,

Thiruvallur District.

3 The Special Tahsildar,

(Land Acquisition),

Chennai Petroleum Corporation Limited,

No.62/1, East Jones Road, Saidapet, Chennai-15.

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WP.Nos. 15397 to 15400 of 2022

4. The Tahsildar,

Madhavaram Taluk,

Chennai-60.

5. The Superintending Engineer,

Transmission,

Tamil Nadu Electricity Board,

800, Anna Salai, Electricity Avenue,

Chennai-2.

... Respondents in all the petitions

Common Prayer:- Writ Petitions are filed under Article 226 of the

Constitution of India praying to issue a Writ of declaration declaring that

acquisition of lands in respect of the petitioners herein pursuant to the land

acquisition proceedings in G.O.Ms. No.264 Industries (MID-1) Department

dated 16.07.1992 and section 6 declaration published in Tamil Nadu

Government Gazatte No.30C Supplement Dated 29.07.1992 Part-II Section

2 at Page No.11 to 14 Award dated 05.08.1994 in Award No.04/ 1994 and

consequential amendment in Letter No.25554/ MID 1/ 2003-2 dated

11.03.2004 has been lapsed in view of section 24 Clause 2 of the Right Fair

Compensation and Transparency in Land Acquisition Rehabilitation and

Re-settlement Act 2013.

For Petitioners

: Mr. S.Ramesh Kumar (in all the petitions)

For Respondents

: Mr. P.Sathish, AGP For RR1 to 4

Mr.L.Jai Venkatesh For R5

(in all the petitions)

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WP.Nos. 15397 to 15400 of 2022

COMMON ORDER

Since the issue involved in all the matters and the facts are one

and the same. Therefore, all the petitions are disposed of by way of common

order.

2. All the writ petition have been filed for declaration declaring

that acquisition of lands in respect of the petitioners herein pursuant to the

land acquisition proceedings in G.O.Ms. No.264, Industries (MID-1)

Department, dated 16.07.1992 and section 6 declaration published in Tamil

Nadu Government Gazatte No.30C Supplement Dated 29.07.1992 Part-II

Section 2 at Page No.11 to 14, Award dated 05.08.1994 in Award No.04/

1994 and consequential amendment in Letter No.25554/ MID 1/ 2003-2

dated 11.03.2004 has been lapsed in view of section 24 Clause 2 of the

Right Fair Compensation and Transparency in Land Acquisition

Rehabilitation and Re-settlement Act 2013.

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WP.Nos. 15397 to 15400 of 2022

3. The case of the petitioners is that they are land looser.

Challenging the acquisition proceedings, the petitioners came up before this

Court. For the purpose of setting up of National Aromatics Complex in

Saidapet Taluk, the respondents acquired the lands including the petitioners

property. The third respondent issued notification under G.O.Ms.No.264

Industries (MID-1) Department, Dated 16.07.1992. Subsequent to that, a

declaration under Section 6 was published in Tamil Nadu Government

Gazatte No.30C, Supplement Dated 29.07.1992, Part-II, Section 2 at Page

No.11 to 14 and later an award was also made on 05.08.1984 in Award

No.04/1994. Challenging the same, these writ petitions have been filed for

re-convey the land.

4. The learned counsel for the petitioners submitted that an award

was passed and the compensation amount has not been paid to the

petitioners and th