T THANGAVELU Vs. STATE OF TAMIL NADU
LAWS(MAD)-2017-12-336
HIGH COURT OF MADRAS
Decided on December 11,2017

T Thangavelu Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

K.K.Sasidharan, J. - (1.)Introductory :
The intra court appeals are at the instance of the employees of Atomic Thermal Power Station, Kalpakkam, who have purchased small housing plots and the appeals are directed against the order dismissing the writ petitions filed for quashing the proceedings under the Land Acquisition Act, and negativing the claim made under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

W.A.No.585 of 2016

(2.)The appellant who is an employee of Atomic Thermal Power Station Kalpakkam, purchased 2520 sq.ft. of land bearing Plot No.30, Sri Govindarajalu Nagar, Alapakkam, Chengalpattu Taluk. The said plot along with the adjacent plots were required for a housing scheme floated by the Tamil Nadu Housing Board. The notification under Section 4(1) of Land Acquisition Act was issued on 17 July 1989. Subsequently, declaration under Section 6 of the Act was issued on 28 August 1990. The landowners, including the petitioner, filed writ petitions. The writ court while granting interim stay to protect possession on 17 July 1991, permitted the Land Acquisition Officer to proceed further with the acquisition proceedings. The appellant was not given notice in the award proceedings. The stay granted by the writ court was in operation in W.P.No.11689 of 1992. The appellant later filed the writ petition on the ground that award was passed beyond the period of limitation. The writ petition was dismissed on the ground of delay and laches.
W.A.No.586 of 2016

(3.)The appellant purchased plot no.2, admeasuring 1800 sq.ft. in Sri Govindarajulu Nagar, Alappakkam Village, by registered Doc.No.791/ 1988. The writ petition filed by the appellant and his vendor challenging the land acquisition proceedings were dismissed. Thereafter, award was passed. Since the award was passed beyond the period of limitation, the appellant filed the writ petition in W.P.No.18645 of 2012. The writ petition was dismissed on the ground of delay and laches.
WA No.587 of 2016

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