In this writ appeal, the High Court of Madras dismissed the appellant's challenge to the Single Judge's refusal to direct a reference under Section 18 of the Land Acquisition Act. The court held that since the property vested in the government before the appellant's purchase, the appellant could not invoke Section 18.
no order passed
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.
WA No.1691 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No.1691 of 2023
N.Subbiah
... Appellant
-vs-
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order dated 19.11.2019 passed in W.P.No.2995 of 2017 on the file of this Court.
For the Appellant : Ms.C.S.Vedavalli
For the Respondents : Mr.K.M.D.Muhilan Addl. Govt. Pleader.
Page 1 of 5
JUDGMENT
WA No.1691 of 2023
(Delivered by the Hon'ble Chief Justice)
We have heard Ms.C.S.Vedavalli, learned counsel for the appellant.
the order passed by the second respondent thereby refusing to refer the matter to the Court under Section 18 of the Land Acquisition Act, 1894.
Page 2 of 5
WA No.1691 of 2023
compensation is paid on 30.09.2016. In view of that, the limitation would commence from the date of payment of compensation. This aspect has not been considered by respondent No.2 and the learned Single Judge while passing the impugned order. It is further submitted by the learned counsel for the appellant that the appellant did not have a notice of the award nor the award was notified at any point of time. The limitation would commence from the date the appellant had the knowledge of the award and the date of knowledge would be the date on which the compensation was paid.
Page 3 of 5
WA No.1691 of 2023
be open for the appellant to file a reference under Section 18 of the Land Acquisition Act, 1894.
In light of the above, no case for interference is made out. The writ appeal is dismissed. There shall be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 21.09.2023 Index : Yes/No Neutral Citation : Yes/No sra
To
Page 4 of 5
WA No.1691 of 2023
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra)
WA No.1691 of 2023
21.09.2023
Page 5 of 5
3 issues framed by the court
Whether a subsequent purchaser can file a reference under Section 18 of the Land Acquisition Act, 1894 when the property vested in the Government prior to the sale.
Whether limitation for filing a reference under Section 18 commences from the date of compensation payment if the purchaser had no knowledge.
Whether a writ appeal is maintainable challenging the refusal to refer a matter under the Land Acquisition Act when no title flows to the purchaser.
1 provisions across 1 enactments
N.Subbiah
State of Tamil Nadu, Rep. by its Secretary to Government, Department of Land Administration
Land Acquisition and Special Tahsildar (LA), Unit-VI
Sanjay V.Gangapurwala
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
