IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P. NO.33195 OF 2014

AND

W.M.P.NOS.1 OF 2014 AND 1 OF 2015

J.Jayakrishnan

...Petitioner

Vs.

1.The Government of Tamil Nadu,

Rep.by its Secretary to Government,

Housing and Urban Development Department,

Fort St.George, Chennai 600 009.

2.The Special Tahsildar (land acquisition I)

Tamil Nadu Housing Board Schemes,

Nandanam, Chennai 600 035.

3.The Tamil Nadu Housing Board,

Rep.by its Chairman and Managing Director,

Nandanam, Chennai 600 035.

4.The Executive Officer and Administrative Officer,

Sasthiri Nagar Complex,

Bescent Nagar Division,

Muthusami Salai, Chennai.

...Respondents

Prayer : Writ Petition filed under Article 226 of the

Constitution of India for issuance of a Writ of Declaration, to

declare that entire land proceedings in respect of petitioner's

property of an extent of 15 cents in Survey No.421/3B2 at

Sholinganallore Village, Tambaram Taluk, Kancheepuram District,

culminating in the award No.1 of 1997 dated 02.05.1997 of the 2^nd

respondent herein as lapsed under Section 24(2) of the Right to

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Re-settlement Act, 2013.

For Petitioner

:

Mr.K.S.Arumugam

For R1 & R2

:

Mr.Yogesh kannadasan,

Special Government Pleader

For R3

:

Mr.M.Baskar

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition has been filed seeking for issuance of a

Writ of Declaration, to declare that entire land proceedings in

respect of petitioner's property of an extent of 15 cents in

Survey No.420/3B2 at Sholinganallore Village, Tambaram Taluk,

Kancheepuram District, culminating in the award No.1 of 1997

dated 02.05.1997 of the 2^nd respondent herein as lapsed under

Section 24(2) of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

2. The learned Special Government Pleader takes notice for

the official respondents. In view of the limited relief sought

for in this petition and on the consent of the learned counsel

appearing on either side, this petition is taken up for final

disposal.

3. The case of the petitioner is that the petitioner is the

absolute owner and in the possession of the property to an

extent of 15 cents in Old Survey No.421/3, New Survey No.421/B,

Patta No.741 (Survey No.421/3B2 as per Patta) in Sholinganallore

Village, Tambaram Taluk, Kancheepuram District. The petitioner

purchased the property from one Thiruvengadam Naicker, vide

registered sale deed, dated 23.03.2004 registered as Doc.No.1585

of 2004, on the file of the Sub Registrar's Office, Neelangarai.

Petitioner's vendor was in physical possession of the said

property and Patta also stands in vendor's name. In the second

week of December, 2014, the Housing and Urban Development

Department officials came to the property under the guise of

inspection and on enquiry it was stated that the land was

subject matter of Land Acquisition proceedings of the year 1991

and acquired for the benefit of the Tamil Nadu Housing Board,

Sholiganallore Neighborhood Housing Scheme. When petitioner

enquired at 2^nd respondent Office, it comes to light that larger

extent of lands inclusive of the land in Survey No.421/3 which

belong to his vendor Mr.Thiruvengadam was the subject matter of

Land acquisition proceedings vide Notification under Section 4

(1) of the Land Acquisition Act, dated 14.05.1990 and a

Declaration under Section 6 of the Land Acquisition Act was

issued under G.O.Ms.No.948 Housing and Urban Development

Department, dated 07.06.1981 and an award was passed in No.1 of

1997, dated 02.05.1997 and 13 cents of land in Survey

No..421/3B2 was also included therein. The compensation amount

was determined at Rs.33,366/- for the vendor, but the same was

not p