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WP No. 33478 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026

CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 33478 of 2019 Girija Janarthanan

..Petitioner(s)

Vs

1. The Government of Tamil Nadu, Rep. by its Secretary,

Housing and Urban Development Department, Chennai 600 009.

2. Tamil Nadu Housing Board, Rep. by its Managing Director,

Nandanam, Chennai 600 035.

..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring the land acquisition proceedings initiated under the Land Acquisition Act, 1894 commencing with section 4(1) Notification issued in GO MS No. 46, Housing and Urban Development, dated 05.02.1992 and section 6 Declaration issued in GO MS No. 297, Housing and Urban Development dated 15.04.1993 and published at page 14 of Supplement to part II, Section 2 of Tamil Nadu Government Gazette dated 26.02.1992 and page 1 and 2 of Extraordinary issue of part II, Section 2 of Tamil Nadu Government Gazette Dated 16.04.1993 respectively in respect of the land of the petitioner comprised in Survey No.405/1 situated at Vilankurichi village, Coimbatore to an extent of 55 cents as lapsed in view of Section 2492) of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act No.XXX of 2013).

For Petitioner(s) : Mr.D.Akash Kumar for Mr.P.Saravana Sowmiyan

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WP No. 33478 of 2019

For Respondent(s) : Mr.C.Gowthamaraj, GA for R1 Mr.V.Gunasekar, SC for R2

ORDER

This writ petition is filed to declare the land acquisition proceedings

initiated under the Land Acquisition Act, 1894 commencing with section 4(1) Notification issued in GO MS No. 46, Housing and Urban Development, dated 05.02.1992 and section 6 Declaration issued in GO MS No. 297, Housing and Urban Development dated 15.04.1993 and published at page 14 of Supplement to part II, Section 2 of Tamil Nadu Government Gazette dated 26.02.1992 and page 1 and 2 of Extraordinary issue of part II, Section 2 of Tamil Nadu Government Gazette Dated 16.04.1993 respectively in respect of the land of the petitioner comprised in Survey No.405/1 situated at Vilankurichi village, Coimbatore to an extent of 55 cents as lapsed in view of Section 2492) of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act No.XXX of 2013). 2. Learned counsel for the petitioner would submit that the petitioner is

the owner of the land comprised in S.No.405/1, to an extent of 55 cents situated at Vilankurichi Village, Coimbatore. This being the case, the said land along with other lands were sought to be acquired for construction of houses under Ganapathy Neighboring Scheme Phase II, Coimbatore by the respondents under the Land Acquisition Act, 1894. Subsequently, the 4(1) notification was issued

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WP No. 33478 of 2019

in G.O.Ms.No.46, Housing and Urban Development, dated 05.02.1992 and Section 6 Declaration was issued in G.O.Ms.No.297, Housing and Urban Development dated 15.04.1993. Consequently, the award was passed in Award

No.1 of 95 on 18.04.1995.

3. Learned counsel for the petitioner would further submit that though the

award was passed as early as on 18.04.1995, no compensation was paid to the petitioner and the petitioner is in continuous possession and enjoyment of the above said land. Hence, the petitioner is entitled to the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity ‘Act’) and the entire land acquisition proceedings deemed to have lapsed against her land. Hence, this writ petition is filed to declare the land ac