M. MAHALINGAM Vs. GOVERNMENT OF TAMIL NADU
HIGH COURT OF MADRAS
GOVERNMENT OF TAMIL NADU
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(1.)This writ petition is filed seeking for the relief to declare the Land Acquisition proceedings initiated and culminated into passing the award in respect of the subject matter land, as lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2.)The short facts that are required for consideration in this writ petition, are as follows:-
The petitioners are the owners of the property at S.No.263/2 measuring an extent of 0.42.0 hectare situated in Madurai village, Shenkottai Taluk, Tirunelveli District. The said land was subjected to acquisition proceedings under the Land Acquisition Act, 1894, for a public purpose. On 18.04.1990, Section 4(1) Notification was issued under the said Act followed by issuing the declaration under Section 6. The petitioners challenged the acquisition proceedings and were not successful. An award came to be passed on 09.04.1992 in Award No.5/1992. However, possession of the land was not taken from the petitioner in accordance with law. In the meantime, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, came into force, under which, the Section 24(2) of the Act, 2013, contemplates deemed lapse of certain cases initiated under the Land Acquisition Act 1894. The respondents have not paid the compensation to the petitioner pursuant to the passing of the award nor they deposited the same into Court. Therefore, the entire proceedings gets lapsed as per Section 24(2) of Act, 2013.
(3.)The respondents filed a counter affidavit, wherein, it is contended as follows:-
The award was passed in proceedings No.5/92 dated 09.04.1992 and possession of the land had already been taken by the State Express Transport Corporation Limited. The Land Acquisition Officer through notice, dated 09.04.1992, issued under section 12(2) of the Land Acquisition Act, intimated the owners of the land to receive the compensation within fifteen days. The land owners did not received the compensation amount. Further notice was issued on 08.07.1992 to receive the compensation. As the owners of the land have not utilized the opportunity to receive the compensation or resorted to the provisions contained under Section 18 of the said Act, it is not required to deposit the compensation amount before the civil Court. Therefore, the compensation amount was deemed to have been paid under the provisions contained under Section 24(2).
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