In a short order, the High Court at Madras dismissed a writ appeal filed by the Government of Tamil Nadu and the Tamilnadu Housing Board against a division order declaring land acquisition proceedings lapsed under RFLARR 2013.
Writ Appeal dismissed. Connected Civil Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.01.2017 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.A.No.1620 of 2016 and C.M.P.No.20078 of 2016
Rep. by the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai - 9
versus
rep. by its Chairman & Managing Director, Nandanam, Anna Salai,
Chennai - 600 035.
Writ Appeal filed against the order dated 07.05.2014 in W.P.No.8774 of 2014. On the file of this Court Writ Petition filed under Article 226 of the Constitution of India for a Writ of declaration, to declaring that the entire land acquisition proceedings initiated under the Land Acquisition Act 1894 in respect of the lands of an extent of 2.32 acres comprised in S.F.No.527/1C an extent of 1.31 acres comprised in S.F.No.529/1B and an extent of 2.62 acres in S.F.No.530/1 situated at Vellakinaru Village Coimbatore belonging to the petitioner as
lapsed in view of the Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (Act 30/2013)
For Appellants : Mr.K.V.Dhanapalan Special Government Pleader For Respondents : Mr.R.N.Amarnath (for R1 to R5)
JUDGMENT
(Order of the Court was made by S.MANIKUMAR, J.)
Vide order made in W.P.No.8774 of 2014 dated 07.12.2015, writ Court has issued writ of declaration, declaring that the land acquisition proceedings initiated under the Land Acquisition Act, 1894, in respect of lands belonging to the petitioners therein measuring 2.32 acres comprised in S.F.No.527/1C, an extent of 1.31 acres comprised in S.F.No.529/1B and an extent of 2.62 acres in S.F.No.530/1, situated at Vellakinaru Village, Coimbatore, as lapsed, as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Act 30/2013).
have filed Writ Appeal No.1434 of 2014 and that vide order dated 26.02.2016 in W.A.Nos.1101 of 2014 etc batch (28 Writ Appeals), a Hon'ble Division Bench of this Court, dismissed the appeals filed by the Housing Board.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar
To 1 The Chiariman & Managing Director The Tamil Nadu Housing Board, Re Nandanam, Anna Salai, Chennai 600 035
2 The Executive Engineer & Administrative Officer TNHB Unit, Coimbatore Tatabad, Coimbatore District
3 The Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai - 9
2 issues framed by the court
Whether the instant writ appeal against a declaration that land acquisition proceedings lapsed under Section 24(2) of RFLARR 2013 be dismissed.
Whether the reasons assigned by a Division Bench in a batch appeal apply to the case on hand.
Government of Tamil Nadu
Tamilnadu Housing Board
Narayanasamy
Santhamani
Anandakumar
Senthil
S. MAnikumar
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
