The court ruled that completed land acquisitions under prior statutes remain valid and not subject to newer laws’ rehabilitation provisions, confirming the legality of state-enforced evictions post-compensation.

ORDER :

[Order of the Court was made by Mr.K.K.RAMAKRISHNAN. J.

WP(MD)No.27922 of 2024 has been filed to issue writ of Mandamus forbearing the official respondents from evicting the petitioners from the dwelling house and properties in the respective patta lands in various survey numbers stated in the prayer, without providing rehabilitation and resettlement assurance.

WP(MD)No.29208 of 2024 has been filed to issue a Writ of Declaration, to declare the Provisions under section 4(2) and 4 (3) of The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 to the extent that without confirming to the safeguards provided under section 38 along with Schedule 2 and Schedule 3 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Revival Act 38 of 2019 as null and void and ultravires of the Constitution or in the alternative to harmoniously construct that, the provisions of Section 38 along with Schedule 2 and Schedule 3 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 have to be read together with The Revival Act 38 of 2019 and Section 4 (2) and 4 (3) of The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 to provide the Rehabilitation and Resettlement before resorting to eviction under section 4 (2) and 4 (3) of the of The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997

2.Brief facts of both Writ Petitions:

2.1. The writ petitioners in WP(MD)No.27922 of 2024 and WP(MD)No.29208 of 2024 are claimed to be the owners of the land acquired by the government for the expansion of the Madurai Airport in order to upgrade the Airport as International Airport. They have filed the writ petition stating that there are 350 families residing in the Chinna Udaippu Ayyanpappakudi Village, Perungudi Post, Madurai South Taluk. The writ petitioners are among the 300 families residing in the said village and belonging to the scheduled caste community and they are living in the said village in their own patta lands and running business and shops in and around the area and their children are studying in nearby schools and colleges. That being the situation, the respondents namely, State Government Authorities and the Airport Authorities issued the notification in Na.Ka.No.31264/09/B1 dated 09.06.2009 to acquire the land for expansion of Madurai Airport under Section 3 (2) of Tamil Nadu Industrial Purpose Act, 1997 (herein after called Tamil Nadu Act, 10 of 1999 ). Thereafter, some more separate notifications were issued on various dates viz:01.04.2013, 07.07.2017, 07.09.2018, 14.12.2018, 15.04.2019, 29.11.2019, 31.08.2021.

2.2. Finally, process of granting compensation amount to all the land owners except 30 persons was completed in the year 2023. Thereafter, the respondent No.5, namely, Special Tahsildar, Unit No.I, Land Acquisition (Airport Expansion), issued the proceedings dated 22.01.2024, 28.06.2024, 22.10.2024 and forced the villagers to vacate their houses and lands, that too without giving the reasonable compensation and providing proper resettlement and rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after called Central Act, 2013). It is further stated in the writ petition that State of Tamil Nadu had brought amendment to the Central Act, 2013, and incorporated the Section 104(A) exempting the applicability of the Central Act, 2013 to the three State Acts including the Tamil Nadu Act, 1997. The same had been challenged and the Division Bench of this Court struck down the same and the same