WP.Nos. 11647 to 11651 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

WP. Nos. 11647 to 11651 of 2017

and

WMP. Nos. 12668 to 12675 of 2017

1. Suresh Achha

2. Sangeetha

... Petitioners in W.P.No.11647 of 2017

Asish Kumar Gupta

... Petitioner in W.P.No.11648 of 2017

H.Sadhana

... Petitioner in W.P.No.11649 of 2017

H.Sadhana

... Petitioner in W.P.No.11650 of 2017

1. M.Vimal Kumar

2. V.Prabha

....Petitioners in W.P.No.11651 of 2017

Versus

1 The Secretary to Government,

Industries Department,

Secretariat, Chennai 9.

2 The District collector,

Thiruvallur District.

3 The Special Tahsildar,

(Land Acquisition),

Chennai Petroleum Corporation Limited,

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WP.Nos. 11647 to 11651 of 2022

No.62/1, East Jones Road, Saidapet, Chennai-15.

4. The Tahsildar,

Madhavaram Taluk,

Chennai-60.

5. The Superintending Engineer,

Transmission,

Tamil Nadu Electricity Board,

800, Anna Salai, Electricity Avenue,

Chennai-2.

... Respondents in all the petitions

Common Prayer:- Writ Petitions are filed under Article 226 of the

Constitution of India praying to issue a Writ of declaration declaring that

acquisition of lands in respect of the petitioners herein pursuant to the land

acquisition proceedings in G.O.Ms. No.264 Industries (MID-1) Department

dated 16.07.1992 and section 6 declaration published in Tamil Nadu

Government Gazatte No.30C Supplement Dated 29.07.1992 Part-II Section

2 at Page No.11 to 14 Award dated 05.08.1994 in Award No.04/ 1994 and

consequential amendment in Letter No.25554/ MID 1/ 2003-2 dated

11.03.2004 has been lapsed in view of section 24 Clause 2 of the Right Fair

Compensation and Transparency in Land Acquisition Rehabilitation and

Re-settlement Act 2013.

For Petitioners

: Mr. S.Ramesh Kumar (in all the petitions)

For Respondents

: Mr. P.Sathish, AGP For RR1 to 4

Mr.L.Jai Venkatesh For R5

(in all the petitions)

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WP.Nos. 11647 to 11651 of 2022

COMMON ORDER

Since the issue involved in all the matters and the facts are one

and the same. Therefore, all the petitions are disposed of by way of common

order.

2. All the writ petition have been filed for declaration declaring

that acquisition of lands in respect of the petitioners herein pursuant to the

land acquisition proceedings in G.O.Ms. No.264, Industries (MID-1)

Department, dated 16.07.1992 and section 6 declaration published in Tamil

Nadu Government Gazatte No.30C Supplement Dated 29.07.1992 Part-II

Section 2 at Page No.11 to 14, Award dated 05.08.1994 in Award No.04/

1994 and consequential amendment in Letter No.25554/ MID 1/ 2003-2

dated 11.03.2004 has been lapsed in view of section 24 Clause 2 of the

Right Fair Compensation and Transparency in Land Acquisition

Rehabilitation and Re-settlement Act 2013.

3. The case of the petitioners is that they are land looser.

Challenging the acquisition proceedings, the petitioners came up before this

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WP.Nos. 11647 to 11651 of 2022

Court. For the purpose of setting up of National Aromatics Complex in

Saidapet Taluk, the respondents acquired the lands including the petitioners

property. The third respondent issued notification under G.O.Ms.No.264

Industries (MID-1) Department, Dated 16.07.1992. Subsequent to that, a

declaration under Section 6 was published in Tamil Nadu Government

Gazatte No.30C, Supplement Dated 29.07.1992, Part-II, Section 2 at Page

No.11 to 14 and later an award was also made on 05.08.1984 in Award

No.04/1994. However, the compensation has not been paid to the

petitioners and the possession has also not been taken from them. Therefore,

these writ petitions have be