PRAYER: Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 27.10.2025 passed by the learned Single Judge in W.P.No.6802 of 2020.

JUDGMENT

G.ARUL MURUGAN, J.

The State has preferred this intra-Court appeal assailing the order dated 27.10.2025 in W.P.No.6802 of 2020, whereby the writ Court directed the appellants to reconsider whether the subject property is required for the notified public purpose and if required, the writ petitioners would be entitled to compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), and if not required for the notified purpose, the appellants shall be at liberty to release the subject property.

2.1. The brief facts are that one late Ramasamy Konar was the owner of 3.56 acres of land, while his brother Kalimuthu owned 50 cents, in all 4.06 acres in S.No.183/1 of Pattanam village, Coimbatore district. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”), was issued vide G.O.Rt.No.2491 PWD, dated 11.09.1974 and published in Tamil Nadu Government Gazette dated 13.11.1974 for acquiring the entire 4.06 acres along with other lands, covering a total extent of 21.22 acres, for the formation of a bypass road (Outer Ring Road) on NH-47 from Nilambur to Madukkarai.

2.2. An enquiry under Section 5A of the Act was conducted by the Land Acquisition Officer on 06.01.1975. Thereafter, the declaration under Section 6 of the Act was issued vide G.O.Rt.No.502 PWD dated 21.02.1976. Consequent to notice issued for the award enquiry dated 22.03.1976, an enquiry under Section 11 of the Act was conducted by the Acquisition Officer on 24.04.1976. Ultimately, Award No.2 of 1978 was passed on 20.01.1978.

2.3. Ramasamy Konar and Kalimuthu Konar, were identified as the owners. Out of the 4.06 acres, 3.56 acres belonged to Ramasamy Konar and 0.50 cents belonged to Kalimuthu Konar. While there was no encumbrance in respect of the portion belonged to Ramasamy Konar, his brother, Kalimuthu Konar, had mortgaged 0.50 cents to the Pattanam Village Co-operative Agricultural Credit Society.

2.4. The compensation payable to Kalimuthu Konar was credited to the Society and the compensation amount of Rs.5,117.50 determined for Ramasamy Konar was paid without any protest. Following the passing of the award, notice under Section 12(2) of the Act was served on the landowners, and possession of the land was taken and handed over to the Divisional Engineer, National Highways Department, on 21.01.1978. Pursuant to this, a road was formed over an extent of 0.71 cents in Survey No.183/1, and the remaining 3.36 acres were kept vacant by the Highways Department, which are now to be utilised for the expansion of the highway.

2.5. After a period of 40 years from the acquisition, a writ petition was filed seeking a declaration that the acquisition proceedings under the Act, in respect of 3.36 acres in Survey No.183/1, had lapsed by operation of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) (for brevity “the New Act”). It is claimed that although an enquiry notice was issued to late Ramasamy Konar, since the acquisition authority urgently sought possession of the land for formation of road, a portion of 0.71 cents was voluntarily handed over but however, the landowners continued to remain in physical possession of the remaining 3.36 acres, for which compensation was never paid.

2.6. While so, late Ramasamy Konar who died on 29.08.2019 had executed a will dated 15.11.2018 in favour of the deceased first petitioner, V. Nagaraj, upon whose demise his legal heirs were substituted as petitioners 2 to 5 in the writ petition. The writ petitioners claimed that as per the recitals in the will, late Ramasamy Konar had no children and since V. Nagaraj had taken care of him, he had executed th