G.KARTHIC KANNAN Vs. STATE OF TAMIL NADU
LAWS(MAD)-2016-4-236
HIGH COURT OF MADRAS
Decided on April 05,2016

G.Karthic Kannan Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

- (1.)Heard Mr.K.Premkumar, learned counsel appearing for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.R.V.Babu, learned Standing Counsel appearing for the third respondent, and with the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.
(2.)The petitioner has filed this Writ Petition praying for issuance of a writ of declaration to declare the entire land acquisition proceedings initiated by the first respondent, acquiring the petitioner's land for a project of the Tamil Nadu Housing Board as null and void and to consequently direct the second respondent/ District Revenue Officer, Tiruppur to transfer the patta in his favour in respect of the land in question.
(3.)The undisputed facts are that the first respondent issued a Notice under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as '1894 Act'), by Notification dated 11.08.1982 in respect of the lands owned by the grand father of the petitioner. A declaration under section 6 of 1894 Act was published in the Gazettee on 10.07.1985. Upon demise of the petitioner's grand father, the petitioner's father became entitled to the property and after the demise of the petitioner's father, the legal heirs have filed a Writ Petition in W.P.No.8583 of 1985, challenging the declaration issued under section 6 of 1894 Act. The said Writ Petition was disposed of by this Court by directing the petitioners therein to approach the Government and seek exemption from the land acquisition proceedings on the ground that exemption has been granted to several similarly placed persons. On such Application being made, the first respondent by an order dated 08.05.2000 rejected the request, which was challenged by the petitioners' mother by filing a Writ Petition in W.P.No.11494 of 2010, which was allowed by an order dated 03.08.2010 and the mater was remitted to the Government for fresh consideration under section 48 of the 1894 Act. Since the said order was not complied, the petitioner filed a Contempt Petition and on receipt of notice of contempt, the first respondent passed an order dated 03.10.2011, rejecting the request made by the petitioner for exclusion of the lands from acquisition proceedings. Aggrieved over the same, the petitioner herein filed a writ Petition in W.P.No.28905 of 2011, which was allowed by an order dated 17.07.2012, directing the first respondent to take a fresh decision on the representation dated 28.08.2010, taking note of the observations made in the order. The said order passed in the Writ Petition dated 17.07.2012, was challenged by the respondents by preferring a Writ Appeal in W.A.No.723 of 2013. The said Writ Appeal was dismissed by an order dated 18.07.2014, on the ground that an order has been passed by the first respondent dated 15.11.2012, which can be challenged by the petitioner. With these facts, the petitioner has now filed this Writ Petition, wherein the first ground raised by the petitioner is by placing reliance on the decision of the Hon'ble Supreme Court in the case of PUNE MUNICIPAL CORPORATION AND ANOTHER v. HARAKCHAND MISIRIMAL SOLANKI AND OTHERS, 2014 1 CTC 755, on the ground that the acquisition proceedings are lapsed in terms of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
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