SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Online)(Mad) 18

MADRAS HIGH COURT
, J
iGATE Global Solutions Limited – Appellant
Versus
Secretary to Government, Housing and Urban Development Department, Chennai – Respondent
Writ Petition | WP No. 23743 of 2010



Advocates:
For the Appellants/Petitioners: R. Muthukumarasamy
For the Respondents: S. Gomathinayagam

A subsequent purchaser can challenge land acquisition proceedings if they demonstrate a legal grievance, particularly where compensation has not been paid and possession has not been taken under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.

Headnote:(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Writ petition filed challenging rejection of request for re-conveyance of land - Subsequent purchaser can challenge acquisition - No compensation paid and possession not taken, thus acquisition deemed to have lapsed - The petitioner was in continuous possession of the property and had established legal rights. (Paras 1, 11-29)

(B) Land Acquisition Act, 1894 - Sections 16A and 48B - Subsequent purchasers and locus standi - A subsequent purchaser can raise objections to acquisition proceedings if they can show a legal grievance, but cannot claim rights that were not held by previous owners - The importance of good faith and lack of fraud in the sale process. (Paras 11, 15-16, 30)

(C) Legal fiction under Section 24(2) of the new Act automatically applies to acquisitions where conditions are met. (Paras 10-12, 28-29)

Facts of the case:
The petitioner, a subsequent purchaser, sought re-conveyance of land comprising 4.33 acres, arguing that acquisition proceedings should be deemed lapsed due to non-payment of compensation and lack of possession being taken, as per the new Act.

Findings of Court:
The land acquisition proceedings deemed to have lapsed due to non-payment of compensation and physical possession not being taken.

Issues: Whether a subsequent purchaser can challenge land acquisition proceedings and the applicability of Section 24(2) of the new Act in this context.

Ratio Decidendi: The court determined that the new Act's provisions applied, leading to the conclusion that the acquisition proceedings should be deemed lapsed owing to the non-fulfillment of key requirements.

Result: Writ petition allowed.

Table of Content
1. challenge to land acquisition order. (Para 1)
2. petitioner's arguments on purchase and noc. (Para 2)
3. court's remarks on eviction and possession notices. (Para 3)
4. arguments on new land acquisition law benefits. (Para 4 , 5)
5. arguments on fraud allegations against the petitioner. (Para 6)
6. law on payment of compensation under new act. (Para 7 , 10)
7. respondents' position on possession of land. (Para 8 , 9)
8. response to locus standi and legal injury. (Para 11 , 12)
9. judicial overview of previous case law. (Para 14 , 15 , 16 , 17 , 18)
10. impact of compensation deposit on acquisition. (Para 19 , 20 , 21 , 22 , 23 , 24)
11. final arguments and legal titles discussed. (Para 25 , 26 , 27 , 28)
12. final ruling on lapsing of acquisition. (Para 29)
13. conclusion and order of the court. (Para 30)

1. The present writ petition has been filed challenging the impugned letter No. 33023 / LA(1) / 2005-22 dated 9.3.2009 issued by the Secretary to Government, Housing and Urban Development Department, Chennai, the first respondent herein, wherein the request of the petitioner for re - conveyance of the land in question was rejected, to quash the same with a further direction to the respondents to re - convey the property measuring 4.33 acres comprised in Survey Nos. 612/5, 612/7, 612/8, 612/9, 612/10 at Sholinganallur Village from acquisition proceedings with one another direction to transfer the property to the petitioner herein. During the pendency of the writ petition, on the arrival of the new Act, namely, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1.1.2014, MP No. 1 of 2014 was filed seeking to amend the prayer, as follows: -
"To issue a Writ of Declaration, declaring that the land acquisition proceedings in respect of the land comprised in S. Nos. 612/5, 612/7, 612/8, 612/9, 612/10 and 612/12A of Shozhinganallur Village, Shozhinganallur Taluk, Kancheepuram District as having lapsed as per S.24(2) of the ."
Similarly, M.P. No. 2 of 2012 was filed seeking to raise additional grounds, as follows: -
"(i) No compensation has so far been paid for the lands acquired by an award that was passed in the year 1997 even after the lapse of almost of 17 years. Therefore, on coming into force of the Act 30 of 2013, the land acquisition proceedings in respect of the petitioner's land shall be deemed to have lapsed as provided under S.24(2) of the .
(ii) The physical possession of the petitioner's property has not been taken by the respondents though the award was passed in the year 1997 as this Hon'ble Court has held that the petitioner is in possession of the property. Therefore, on coming into force of the Act 30 of 2013, the land acquisition proceedings in respect of the petitioner's land shall be deemed to have lapsed as provided under S.24(2) of the .
(iii) The entire land acquisition proceedings by which the land acquisition proceedings were initiated as against the petitioner's land has been quashed by an order passed in WP No. 6432 of 1998 and affirmed by the Division Bench as well by the Hon'ble Supreme Court. Therefore, the title of property is vested with the petitioner company consequent upon the quashing of entire notification."





2. Mr. R. Muthukumarasamy, learned senior counsel appearing for the petitioner placed four arguments in support of the prayer. The petitioner, originally known as Mascot Systems Limited, had subsequently changed the name of the company as iGATE Global Solutions Limited with effect from 23.6.2003 and has been engaged in the business of information technology and information technology enables services. With an intention to set up a software unit in the State of Tamil Nadu, the petitioner purchased land admeasuring 4.98 acres comprised in S. Nos. 612/5, 612/7, 612/8, 612/9, 612/10 & 612/12 at Sholinganallur village, Tambaram Taluk, Kancheepuram District from Mr. Sujith Cherian and others under sale





















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top