The High Court dismissed an appeal against a Single Judge's order setting aside a land acquisition award and remanding the matter for fresh determination under the new Act. The award was held invalid as it was passed after the new Act's commencement.
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 : 06.09.2019
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.No.2970 of 2019
and
C.M.P.No.19215 of 2019
1.The Secretary to Government, Government of Tamil Nadu Energy Department, Fort St.George, Secretariat, Chennai - 600 009. 2.The District Collector, Kancheepuram District. 3.The Special Tahsildar, Land Acquisition Unit - IV (I/C), Ultra Mega Power Project, Cheyyur, Kancheepuram District. ... Appellants/ Respondents Vs Thiru Palani ...Respondent/ Petitioner PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.27515/2016 dated 30.10.2018 on the file of the High Court of Judicature at Madras.
Prayer in W.P.No.27515/2016:
Writ Petition filed under Article 226 of the Constitution of India Praying for issuance of a Writ of Ceritorari Calling for the records relating to the Award No.40 of 2015 dt.30.10.2015 of the respondents 2 and 3 herein and quash the same in so far as it relates to the petitioners land of an extent of 0.35.5 hectares comprised in Survey No.68/2 of Vedal Village Cheyyur Taluk Kancheepuram District.
For Appellants : Mr.V.Anandhamoorthy, Additional Government Pleader. For Respondent : Mr.AR.L.Sundaresan,
Senior Counsel for Mrs.A.L.Gandhimathi
J U D G M E N T (Judgment of the Court was delivered by N.KIRUBAKARAN, J)
The appeal has been preferred against the remand order passed by the learned Single Judge setting aside the award passed by the authorities passed under the old Act especially when the date of the award is 30.10.2015, i.e, after the new Act came into force on 01.01.2014.
2.Heard Mr.V.Anandhamoorthy, learned Additional Government Pleader for the appellants and Mr.AR.L.Sundaresan, Senior Counsel for the respondent.
3.Agricultural lands to an extent o f 0.35.5 hectares comprised in S.No.68/2 at Vedal Village, Cheyyur Taluk, Kancheepuram District were acquired under the provisions of Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997. The respondent was entitled for compensation under Section 7 (2) of the Act based on a negotiated agreement and a sum of Rs.6,500 per cent was sought to be given which was not agreeable to the respondent/land owner. Thereafter the land acquisition authorities fixed the said value which was offered to the land owner under Section 7 (2) of the Act as the compensation amount payable and the 3rd appellant passed the award on 30.10.2015.
4.The said award was challenged before the learned Single Judge contending that the said award cannot be passed fixing the value under the old Act especially when the new Act came into force on 01.01.2014. Accepting the said contention, the award was set aside and the matter was remanded to the authorities to fix the compensation as per the new Act.
5.Admittedly as on 01.01.2014, when the new Act came into force, the award was not passed. It was passed only on 30.10.2015 after the new Act came into force. Therefore, there cannot be any award under the old Act. Therefore, the learned Single Judge was correct in setting aside the award and remanding the matter back to the authorities for fresh disposal as per the new Act.
5.Hence, the appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CJ CONF)
//True Copy//
Sub Assistant Registrar
ay
To
1.The Secretary to Government,
Government of Tamil Nadu
Energy Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2.The District Collector,
Kancheepuram District.
3.The Special Tahsildar,
Land Acquisition Unit - IV (I/C),
Ultra Mega Power Project, Cheyyur,
Kancheepuram District.
+1cc to M/s.A.L.Gandhimathi , Advocate SR.No. 77694
+1 cc to Government Pleader Sr.No. 78110
W.A.No.2970 of 2019
and
C.M.P.No.19215 of 2019
A.SK(14/10/2019)
1 issue framed by the court
Whether the land acquisition award dated 30.10.2015 passed under the old Act was valid after the new Act came into force on 01.01.2014.
The Secretary to Government, Government of Tamil Nadu Energy Department
The District Collector, Kancheepuram District
The Special Tahsildar, Land Acquisition Unit
Thiru Palani
N.KIRUBAKARAN
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
