Petitioner sought writ directing reconveyance of land under RFCTLARR Act, 2013 due to alleged lapse of acquisition proceedings. Court held acquisition was not lapsed as possession was taken and compensation deposited, dismissing the petition.
Writ of Mandamus dismissed; no costs awarded; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.3307 of 2016
& WMP.No.2709 of 2016
K.Dharaniperumal .. Petitioner
Vs.
1.The Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai 600 009
2. The Managing Director,
Tamil Nadu Housing Board,
Anna Salai, Nandanam,
Chennai 600 035.
3. The Executive Engineer,
Administrative Officer,
Salem Housing Unit,
Salem - 8. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents herein to reconvey the petitioner's land situated in S.Nos.203/2, 203/3, 203/4 and 203/6, Narasingapuram Village, Attur Taluk, Salem District, since the petitioner is entitled to get back the said land as per under Section 24(2) of Right of Fair Compensation and Transparancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) since the entire acquisition proceedings become lapsed.
For Petitioner .. Mr.C.Prakasam For Respondent-1 ..Mr.R.Lakshmi Narayanan, Additional Government Pleader For Respondents 2 & 3 .. Mr. R.V.Babu
ORDER
Heard the learned counsel for the petitioner and Mr. R.Lakshmi Narayanan, learned Additional Government Pleader accepts notice for the first respondent and Mr.R.V.Babu, learned counsel accepting notice on behalf of the respondents 2 & 3 and with their consent, the writ petition is taken up for final disposal at the admission stage itself.
re-conveyance does not arise and therefore, the decision in the case of Tamil Nadu Housing Board vs. Uma Maheswari Ramasamy and others does not render any support to the case of the petitioner. For all the above reasons, no ground is made for issuance of the writ of mandamus as sought for by the petitioner and hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
smi
To,
1.The Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai 600 009.
2. The Managing Director,
Tamil Nadu Housing Board,
Anna Salai, Nandanam, Chennai 600 035
3. The Executive Engineer,
Administrative Officer,
Salem Housing Unit, Salem - 8.
1 cc to M/s.C. Prakasam, Advocate, Sr. 6182
1 cc to M/s. R.V. Babu, SR. 5677
1 cc to Government Pleader, r. 6116
W.P.No.3307 of 2016
RSK (CO)
kk 15/2
3 issues framed by the court
Whether a writ of Mandamus should be issued directing the respondents to reconvey the petitioner's land as the acquisition proceedings lapsed under Section 24(2) of RFCTLARR Act, 2013.
Whether Section 24(2) applies where possession has been taken and compensation deposited, rendering acquisition completed rather than lapsed.
Whether reliance on Tamil Nadu Housing Board vs. Uma Maheswari Ramasamy supports the petitioner's claim for reconveyance.
Colour shows how this judgement treated each authority
Tamil Nadu Housing Board vs. Uma Maheswari RamasamyDistinguished¶16
Tamil Nadu Housing Board vs. Uma Maheswari Ramasamy and others reported in 2011 (5) CTC 503
2 provisions across 2 enactments
K.Dharaniperumal
The Secretary to Government, Housing and Urban Development Department
The Managing Director, Tamil Nadu Housing Board
The Executive Engineer, Administrative Officer, Salem Housing Unit
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
