V.N. MOHAMED HUSSAIN Vs. THE GOVERNMENT OF TAMIL NADU AND ORS.
LAWS(MAD)-2015-10-121
HIGH COURT OF MADRAS
Decided on October 29,2015

V.N. Mohamed Hussain Appellant
VERSUS
The Government of Tamil Nadu and Ors. Respondents




JUDGEMENT

N. Kirubakaran, J. - (1.)THE petitioner is the owner of the property measuring to an extent of 29 cents comprised in Survey No. 84/6 A1 A1 A2, Thiruvanmiyur Village, having purchased the same from one G. Sethu Jesudason, vide sale deed dated 07.07.1980. The said land was acquired and it was challenged before this Court by the petitioner by filing Writ Petition No. 9303 of 1986 and the said Writ Petition was dismissed on 26.09.1995. The second respondent, by its communication dated 02.01.1997, directed the petitioner to hand over the possession of the property and the same was challenged before this Court in Writ Petition No. 307 of 1997. The said writ petition was also dismissed on 21.01.2000. Against which, the petitioner has preferred the Writ Appeal in W.A. No. 185 of 2000 before this Court. The First Bench of this Court by its order dated 02.03.2000 directed the Government Pleader to serve notice to the petitioner under Section 12(2) of the Land Acquisition Act and the petitioner was given right to file application for reference within 15 days. On 30.03.2000, under Section 12(2) of the Land Acquisition Act, notice was served upon the petitioner and the same was challenged before this Court in Writ Petition No. 6823 of 2000 and the same was dismissed on 20.11.2000. Against the said dismissal order, the petitioner has preferred Writ Appeal in W.A. No. 88 of 2001. This Court, by order dated 23.02.2001, dismissed the said appeal and granted 15 days time for seeking reference under Section 18 of the Land Acquisition Act. On reference, LAOP. No. 3 of 2001 was filed before the VI Assistant City Civil Court, Chennai. The learned VI Assistant Judge, City Civil Court, Chennai by its Judgment and decree dated 31.03.2010, enhanced the award amount from Rs. 21,739.20 to Rs. 40,000/ -. Though, the award was passed as early as on 31.08.1987, till date, the award amount was not paid and therefore the petitioner has approached this Court seeking declaration that the land acquisition proceedings got lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
(2.)HEARD Mr. R. Gandhi, learned Senior Counsel appearing for the petitioner and Mr. R.M. Muthukumar, learned Government Advocate, appearing for the respondents 1 and 2 and Mr. V. Vivekavanan, learned counsel appearing for the third respondent.
Mr. R. Gandhi, the learned Senior Counsel appearing for the petitioner would submit that the possession still lies with the petitioner and the award amount has not been deposited.

(3.)HOWEVER , Mr. Vivekavanan, the learned counsel appearing for the third respondent would submit that as per the original award amount, the award amount was deposited with the revenue deposit in the year, 1993 and as far as the enhanced amount is concerned, he would submit that the enhanced award amount was deposited before the City Civil Court, Chennai. Therefore, there is no question of any lapsing of earlier Land Acquisition proceedings. Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 reads as follows: -
"24. Land Acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases: (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894.

(a) where on award under Section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b) Where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub -section(1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1984, where an award under the said section 11 has been made five years or more prior to the commencement of the 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 beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

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