Dismissed

A/m.Sri Varadharaja Perumal v. The State of Tamilnadu

Madras HC19 Dec 2023WP/1942/2018

Case brief

AI extract

What is this about?

Petitioner sought declaration that land acquisition proceedings under Tamil Nadu Act, 1978 lapsed under Section 24(2) of the 2013 Act due to lack of possession or payment. Court held that Section 24(2) does not apply where land was already acquired under an earlier Act before the 2013 Act came into force.

What did the court decide?

Petitioner permitted to workout remedy in manner known to law; no order as to costs.

A/m.Sri Varadharaja Perumal Vs The State of Tamilnadu — Land Acquisition | Madras HC (2023)

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W.P.No.1942 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 19.12.2023

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CORAM:

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THE HON'BLE MR JUSTICE P. VELMURUGAN W.P.No.1942 of 2018

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A/m.Sri Varadharaja Perumal Temple Rep.by its Administrator A.Radhakrishnan, S/o.late Arumugha Thevar, 10/11, Pillaiyar Koil Street, Market Road, Irugur, Sulur Taluk, Coimbatore District.

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...Petitioner

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Versus

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1.The State of Tamil Nadu Rep.by its Secretary to Government, Adi Dravidar Welfare Department, Fort St., George, Chennai – 600 009.

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2.The District Collector, Coimbatore District, Coimbatore – 641 018.

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3.The Special Tahsildar, Adi Dravidar Welfare, Coimbatore – 641 018. Coimbatore District.

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4.R.Anantharaman.

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...Respondents

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

W.P.No.1942 of 2018

Prayer:

Prayer: This writ petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of declaration, declaring that the entire Land Acquisition Proceedings initiated under the Tamil Nadu Act, 31 of 1978 in respect of the petitioner's lands measuring an extent 7.29 acres comprised in S.F.Nos.189/1, 190/1, 191/1, 192/2 and 194/2 of Irugur Village, Sulur Taluk, Coimbatore District as lapsed in view of Acquisition, Rehabilitation and Resettlement Act, 2013 and pass such further or other suitable orders.

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For Petitioners : Mr.J.S.Vijaya Raghavan For Respondents : Mr.P.Gurunathan R1 to R3 :Additional Government Pleader For R4 : Mr.B.Selva Kadambar

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O R D E R

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This writ petition is filed for writ of declaration, declaring that the entire Land Acquisition Proceedings initiated under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 in respect of the petitioner's lands measuring an extent 7.29 acres comprised in S.F.Nos.189/1, 190/1, 191/1, 192/2 and 194/2 of Irugur Village, Sulur Taluk, Coimbatore District as lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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2. The land is acquired under Section 24 (2) of the Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and

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

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W.P.No.1942 of 2018

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Resettlement Act, 2013, neither the possession been taken nor the

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amount has been paid/deposited and deemed to be lapsed under Section 24 (2) of the Act. Where the land itself is acquired under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 and therefore, Section 24 (2) of the Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not attract, therefore the petition stands dismissed. However the petitioner is at liberty to workout his remedy in a manner known to law. There shall be no order as to costs.

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19.12.2023

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Index :Yes/No Speaking :Yes/No Neutral Citation Case:Yes/No nst

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

W.P.No.1942 of 2018

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