IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J
V.Nagaraj (deceased) – Appellant
Versus
The Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai 600 009. – Respondent
ORDER
The present Writ Petition is filed to declare the acquisition proceedings initiated by respondents under the Land Acquisition Act, 1894 (hereinafter referred to as “1894 Act”), in respect of land comprised in Survey No.183/1 measuring an extent of 3.36 Acres situated at Pattanam Village, Coimbatore District, as having lapsed in terms of sub-section (2) to Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, (Act 30 of 2013) (hereinafter referred to as “2013 Act”).
1.1. Challenge is primarily on the premise that under the impugned acquisition proceedings State has neither taken possession nor paid compensation to the petitioners/land owners, thus by virtue of Section 24 (2) of "2013 Act", acquisition proceedings shall be deemed to lapse.
2. Brief facts:
2.1. Land comprised in Survey No.183/1 measuring an extent of 4.06 acres situated at Pattanam Village, Coimbatore District, was originally owned and possessed by one Late Ramasamy and his brother Kalimuthu. While Late Ramasamy owned an extent of 3.56 acres, his brother Kalimuthu owned about 50 cents, in all 4.06 acres. Though the property comprised in S.No.183/1 meas
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