Dismissed

P.S. Vishalakshi v. State Rep. by its Principal

Madras HC11 Dec 2023WP/18986/2018

Case brief

AI extract

What is this about?

Petitioners sought a declaration that land acquisition proceedings lapsed under Section 24(2) of the 2013 Act. The Court dismissed the petition, holding that since possession was taken and houses allotted, the lapse provision does not apply, advising petitioners to withdraw deposited compensation.

What did the court decide?

Petition dismissed; petitioners at liberty to withdraw deposited compensation amount.

P.S. Vishalakshi Vs State Rep. by its Principal — Land Acquisition | Madras HC (2023)

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W.P. No.18986 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.12.2023

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Coram:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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W.P. No.18986 of 2018

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P.S.Vishalakshi

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P.S.Madhusudhan

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P.S.Preetham ... Petitioners

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Vs.

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State rep. by its Principal Secretary Tamil Nadu Housing & Urban Development Department Fort St. George

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Chennai - 600 009

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Tamil Nadu Housing Board Rep. by its. Managing Director No.33, Anna Salai, Nandanam, Chennai - 600 035

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The Executive Engineer Tamil Nadu Housing Board Bhagalur Road, Hosur - 635 109

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The Special Tahsildar (L.A.), Hosur Housing Scheme Bhagalur Road Hosur, Krishnagiri District ... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Declaration declaring that the Land Acquisition Proceedings

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https://www.mhc.tn.gov.in/judis

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initiated under the Land Acquisition Act, 1894 in respect of half undivided share of the lands measuring an extent of 4.50 acres comprised in Survey No.682 and 0.42 acres in Survey No.683 situate at Chenathur Village, Hosur Taluk, Krishnagiri District, deemed to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

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For Petitioners : Mr.R.Bharath Kumar

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For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 and R4 Mr.S.Ramachandran Standing Counsel for R2 and R3

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ORDER

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This Writ Petition is filed seeking to issue a writ of Declaration declaring that the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, in respect of half undivided share of the lands measuring an extent of 4.50 acres, comprised in Survey No.682 and 0.42 acres in Survey No.683 situate at Chenathur Village, Hosur Taluk, Krishnagiri District, deemed to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

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Mr.S.Ramachandran, learned Standing Counsel for TNHB,

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appearing for the respondents 2 and 3 submitted that already the land was acquired and award was also passed on 30.07.1994 itself and that the amount of compensation was also deposited before the Treasury. Further, the possession was taken and for the beneficiaries, it was divided as housing sites and more than 64% of house sites have been granted to the beneficiaries and patta also transferred in their names.

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Since the possession has already been taken and the same has also been used as stated above, the lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not arise. Therefore, there is no merit in the Writ Petition and the same is liable to be dismissed.

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Accordingly, the Writ Petition is dismissed. The petitioners are at liberty to work out their remedy for withdrawing the amount of compensation already deposited. There shall be no order as to costs.

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11.12.2023

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ksa-2 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No

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