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WP No. 27648 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026

CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 27648 of 2018 AND

WMP NO. 32194 OF 2018

D.Andal, Wife of V.Logu,

36-A, Selvam Nagar Extension, Thiagarajan Main Road,

Ponniammanmedu, Chennai - 600 110.

Petitioner(s)

Vs

1.The Government of Tamil Nadu, Represented by Deputy Secretary to

Government, Housing and Urban Development

Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Kancheepuram, Kancheepuram District.

3.Land Acquisition Officer and Special Tahsildar (Land Acquisition), Unit-I,

Outer Ring Road Project, Chennai Metropolitan Development

Authority, Chennai - 600 008.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Declaration, declaring that land acquisition

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WP No. 27648 of 2018

proceedings initiated under the Land Acquisition Act, 1894, in respect of Plot No.91, Sundar Nagar, in No.82, Varadarajapuram Village, Sriperumbudur Taluk, Chengelput District, comprised in Survey No. 304 in the Sub-District of Tambaram, measuring 2381 Sq.Ft., registered as Doc.No.4129 of 1978 on the file of the SRO, Padappai, covered by the Notification in G.O. Ms.No.178, Housing and Urban Development Department, dated 19.04.2000, under Section 4 of the Land Acquisition Act, 1984 (Central Act 1 of 1984, the Notification in G.O. Ms. 279, Housing and Urban Development, UD 3(2), 25th May 2001, under Section 6 of the Land Act, 1984 (Central Act 1 of 1984) and the Award No.5/2003 dated 22.05.2003 in Rc.No.11/97 made by Land Acquisition Officer and Special Tahsildar (Land Acquisition). Unit-I, Outer Ring Road Project, Chennai Metropolitan Development Authority, Chennai - 600 008 under Section 11 of the Land Acquisition Act (I of 1894), in respect of lands of the Petitioner, are deemed to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re- settlement Act, 2013, (Act 30 of 2013) and to direct the Respondents to fix the compensation under the said Act 30 of 2013 within the period fixed by this

Court.

For Petitioner(s): Mr.K.Ramanraj For Respondent(s): Mr.T.K.Saravanan

Additional Government Pleader For R1 & R2

Mr.M.Thamari Selvan For R3

ORDER

This writ petition has been filed seeking to declare the acquisition

proceedings in respect of the property more fully described in the prayer to this

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WP No. 27648 of 2018

writ petition as lapsed as per the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

2.Learned counsel for the petitioner would submit that as early as on

15.11.1978, a sale deed was executed in favour of the petitioner in respect of the subject property. The 3^rd respondent without issuing any notice has initiated the impugned acquisition proceeding. However, till date the possession of the subject property was not taken over and the compensation was also not deposited. Therefore, as per the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, the impugned acquisition proceedings got lapsed. Hence, the present writ petition has been filed seeking to declare the impugned

acquisition proceedings as lapsed.

3.Per contra, learned counsel appearing for the 3^rd respondent would

submit that the acquisition was made for the purpose of laying outer link road. The possession was taken over and the road has also been laid. Furthermore, the compensation was already deposited before the Poonamallee Court. Therefore, the provision of Section 24(2) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013,

would not attract the prese