TAMIL NADU HOUSING BOARD REP BY ITS EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. R RAJENDRAN
LAWS(MAD)-2018-1-928
HIGH COURT OF MADRAS
Decided on January 31,2018

Tamil Nadu Housing Board Rep By Its Executive Engineer And Administrative Officer Appellant
VERSUS
R RAJENDRAN Respondents




JUDGEMENT

K.K. Sasidharan, J. - (1.)Introductory
The land acquisition proceedings initiated to acquire the land owned by the respondents 1 to 3 was quashed by the Writ Court for want of prior approval under Section 3(f)(vi) of the Land Acquisition Act, 1894 and failure to pass the Award within a period of two years and the same resulted in filing this intra court appeal by the Tamil Nadu Housing Board. The land owners are now taking advantage of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "Act 30 of 2013") and their contention is supported by the information furnished by the District Court, Coimbatore that the Award amount was not deposited into the Civil Court designated as the Reference Court under the Land Acquisition Act. Similarly, there are no documents evidencing the factum of taking possession from the land owners except a photocopy of a Possession Certificate inserted in the middle of the Award file without continuity, indicating transfer of possession by the Revenue Inspector to the Housing Board.

Background facts:-

(2.)The land owned by the respondents 1 to 3 (hereinafter referred to as the "Land Owners") in Sowripalayam Village, Coimbatore, was acquired by the State for and on behalf of the Tamil Nadu Housing Board. The legal proceedings initiated by the land owners initially, challenging the acquisition were all dismissed. Subsequently, the land owners filed a fresh writ petition in W.P.No.18326 of 2008, challenging the statutory proceedings, including the award, on certain legal grounds and more particularly for want of sanction under Section 3(f)(vi) and violation of Section 11-A of the Land Acquisition Act. The writ petition in W.P.No.18326 of 2008 was allowed by order dated 13 April, 2009. The order is challenged by the requisitioning body in this appeal.
(3.)The land owners in the intra court appeal filed by the Tamil Nadu Housing Board, filed a miscellaneous petition in CMP No.21237 of 2107 claiming the benefits of Section 24(2) of Act 30 of 2013. The appellant though not filed its response to the application, produced the file and opposed the application.
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