D. BALARAMAN Vs. THE GOVERNMENT OF TAMIL NADU AND ORS.
LAWS(MAD)-2015-12-177
HIGH COURT OF MADRAS
Decided on December 11,2015

D. BALARAMAN Appellant
VERSUS
The Government of Tamil Nadu and Ors. Respondents




JUDGEMENT

T.S. Sivagnanam, J. - (1.)The petitioner seeks for issuance of a Writ of Declaration to declare that the entire land acquisition proceedings initiated under the provisions of the Land Acquisition Act, 1894, (Act) in respect of the land measuring an extent of 18 cents in Survey No. 98/5 of Thiruvanmiyur village covered under the award passed by the second respondent, dated 23.09.1986 in award No. 7/86, as having been lapsed in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
(2.)The petitioner one D. Balamurugan, son of Duraisamy claims that his father became entitled to the property in question by virtue of a settlement deed dated 06.03.1935, executed by the petitioner's grandfather and after the demise of the petitioner's father, it is stated that the property has devolved upon the petitioner and other legal heirs.
(3.)Before going into the factual details regarding the acquisition proceedings, it is relevant to note that the present Writ Petition challenging the acquisition proceedings is only on two grounds in the light of Sec. 24(2) of the Central Act 30 of 2013, that physical possession of the land has not been taken over from the petitioner and compensation has not been paid and therefore, the land acquisition proceedings are deemed to have been lapsed.
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