S. KUMARIAH NADAR Vs. DISTRICT COLLECTOR
HIGH COURT OF MADRAS
S. Kumariah Nadar
THE DISTRICT COLLECTOR
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S. Nagamuthu, J. -
(1.)THE second respondent herein issued a notification under Section 4(1) of the Land Acquisition Act, 1894, to acquire 0.55.5 hectares of land comprised in Survey No. 453/1B and 0.64.0 hectares of land comprised in Survey No. 453/2B at Panagudi Part I Village, in Radhapuram Taluk, Tirunelveli District. The entire extent of land comprised in Survey Nos. 453/1B belong to the petitioner herein. So far as the land comprised in Survey No. 453/2B is concerned, it was jointly owned by the petitioner and his brother by name Mr. Hariram Nadar, who is now no more.
(2.)AFTER following the procedure contemplated under the Act, a declaration under Section 6 of the Land Acquisition Act, 1894, was made in the Tamil Nadu Government Gazette on 02.09.1992. Thereafter, the enquiry for fixing the amount of compensation was initiated. In culmination of the same, an award was passed under award No. 10/1992 -93, dated 15.03.1993, but so far neither possession has been taken by the respondents nor compensation amount has been paid to the petitioner and his brother. In such circumstances, the petitioner has come up with this writ petition seeking to quash the above land acquisition proceedings and to restore the lands to the petitioner.
I have heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. I have also perused the records carefully.
(3.)ADMITTEDLY , the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, has come into force with effect from 01.01.2014. Sub Section 2 of Section 24 of the said Act reads as follows;
"24. Land acquisition process under Act No. I of 1984 shall be deemed to have lapsed in certain cases:
(2) Notwithstanding anything contained in sub -section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act, but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all the beneficiaries specified in the notification for acquisition under Section 4 of the Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."
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