W.A.No.606 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on:08.08.2023

Delivered on: 21.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

AND

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.A.No.606 of 2018

and

C.M.P.No.5889 of 2018

The Member Secretary

Chennai Metropolitan Development Authority

Egmore

Chennai-600 008

.. Appellant

Vs.

1.Vasantha

2.M.Selvam

3.The Government of Tamil Nadu

rep by its Secretary to Government

Housing and Urban Development Department

Secretariat

Chennai-600 009

4.The District Collector

Collectorate

Kanchipuram

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W.A.No.606 of 2018

5.The Sub-Collector/Revenue Divisional Authority

Chengalpattu Sub Collector's office

Chengalpattu

6.The Special Tahsildar (Land Acquisition)

Maramalai Nagar Scheme

Kattankolathur

Kanchipuram District

.. Respondents

Prayer:- Appeal filed under Clause 15 of Letter Patent praying to set aside

the order passed by this Court in W.P.No.27532 of 2015 dated 04.04.2016.

For Appellant

:

Mr. T. Kumaresan, AAG,

assisted by Ms.C.N.Vinobha, SC(CMDA)

For Respondents

:

Mr.U.M.Ravichandran, Spl.G.P for R3 to 6

No Appearance for R1 and 2

JUDGMENT

(Judgment of the Court was made by P.B.BALAJI,J.)

The Member Secretary, CMDA has preferred the present Appeal,

aggrieved by the order of the Writ Court in W.P.No.27352 of 2015 dated

04.04.2016.

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W.A.No.606 of 2018

2. The case of the respondents 1 and 2 herein as petitioners in the

Writ Petition was that they were co-owners of the property which was the

subject matter of the acquisition proceedings. For formation of a new town

under the name Maraimalai Nagar, the acquisition proceedings were

initiated. The petitioners contending that they have not been paid a single

pie since the award in the year 1986 and that they have also not been

dispossessed from the land in question sought for issuance of a Writ of

Declaration, to declare that the acquisition pertaining to the petitioner's

lands had lapsed in terms of Sec.24(2) of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Re-settlement

Act, 2013.

3. The Writ Court, finding that the compensation amount was

deposited in Sub-Treasury, Chengalpet and kept in a revenue deposit and

possession was also not taken by preparation of Panchanama in the

presence of witnesses or by some other mode, and mere taking over

possession by executing a land delivery receipt would not suffice, allowed

the Writ Petition.

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W.A.No.606 of 2018

4. The Writ Court placed reliance on the Division Bench judgment of

this Court in Tamil Nadu Housing Board and another Vs. Igate Global

Solutions Ltd, reported in 2016 (2) MLJ 385.

5. The counsel for the appellant would contend that physical

possession had been taken over and patta No.172 was also obtained in the

name of appellant as early as on 06.09.2009. It is also contended that even

compensation has been paid and deposit was made only because the father

of the respondents 1 and 2 did not come forward to receive the

compensation. According to the appellant, an award U/s.11 was also

passed and the acquired land vests absolutely with the State thereafter and

therefore prayed for the Writ Appeal being allowed.

6. Heard Ms.C.N.Vinobha, leanred counsel for CMDA and

Mr.U.M.Ravichandran, learned Special Government Pleader for

respondents 3 to 6. The Writ Petitioners who are respondents 1 and 2 ,

despite having been served notice in the above Writ Appeal, have chosen

not to appear either in person or through a counsel. We have perused the

material records and also the order of the learned Single Judge.

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W.A.No.606 of 2018

7. The Writ Court has proceeded to allow the Writ Petition holding

that revenue deposit is not a proper deposit and that taking over possession

by executing a delivery re