Allowed

G.Balasubramanian, v. The Secretary to Government

Madras HC15 Dec 2023WP/4087/2018

Case brief

AI extract

What is this about?

The petitioner sought a declaration that land acquisition proceedings lapsed due to delayed award passing under the Land Acquisition Act. The Court held that the non-compliance with the two-year mandate for passing an award resulted in the lapse of the Declaration and the entire acquisition proceedings.

What did the court decide?

Writ of Declaration issued declaring that the acquisition proceedings have lapsed by efflux of time pursuant to Section 11-A of the Land Acquisition Act due to non-compliance with the time limit for p

G.Balasubramanian, Vs The Secretary to Government — Land Acquisition | Madras HC (2023)

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W.P. No.4087 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2023

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Coram:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

W.P. No.4087 of 2018

G.Balasubramanian

... Petitioner

Vs.

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George Chennai - 600 009

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The Managing Director Tamil Nadu Housing Board Nandanam Chennai - 600 035

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The Special Tahsildar (LA-Unit II) Tamil Nadu Housing Board Nandanam, Chennai - 600 035

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The Assistant Director Town and Country Planning Zonal Joint Director (Incharge) Chengalpattu Zone No.124, G.S.T. Road, Chengalpattu - 603 001

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The Zonal Joint Director Town and Country Planning No.124, G.S.T. Road, Chengalpattu - 603 001 ... Respondents

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

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W.P. No.4087 of 2018

Prayer

Prayer : Writ Petition is filed under Article 226 of the Constitution of India,

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to issue a writ of declaration declaring that the entire acquisition proceedings

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in pursuance of the Notification under Section 4(1) of the Land Acquisition

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act, made in GO Ms.No.680/Housing and Urban Department dated 17.07.1989 and the Declaration under Section 6 of the Land Acquisition Act, in G.O.Ms.No.1033 (Housing and Urban Department) dated 28.08.1990 and the Award passed in Award No.1 of 2001 dated 12.10.2001 insofar as the petitioner's lands are concerned in Survey Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 50795 Sq.ft. equal to 1.16 1/2 acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District, having lapsed by efflux of time by virtue of Section 11-A of the Land Acquisition Act.

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For Petitioner : Mr.M.S.Subramanian

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For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1, R3, R4 and R5 : Mr.A.M.Ravindranath Jeyapal Standing Counsel for TNHB for R2

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

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W.P. No.4087 of 2018

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ORDER

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The Writ Petition is filed seeking to issue a Writ of Declaration declaring that the entire acquisition proceedings in pursuance of the Notification under Section 4(1) of the Land Acquisition Act, made in G.O. Ms.No.680/Housing and Urban Department, dated 17.07.1989 and the Declaration under Section 6 of the Land Acquisition Act, in G.O.Ms.No.1033 (Housing and Urban Department) dated 28.08.1990 and the Award passed in Award No.1 of 2001, dated 12.10.2001 insofar as the petitioner's lands are concerned in Survey Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 50795 Sq.ft. equal to 1.16½ acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District, having lapsed by efflux of time by virtue of Section 11-A of the Land Acquisition Act.

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The contention of the learned counsel for the petitioner is that the Award has to be passed within two years from the date of Declaration. But in this case, the Award has not been passed under Section 11-A of the Land Acquisition Act. Therefore, the Declaration itself gets lapsed. Hence, the present petition is filed challenging the entire acquisition proceedings.

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

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W.P. No.4087 of 2018

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Heard and perused the materials available on record.

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Admittedly, in this case, the date of Declaration under Section 6 of the Land Acquisition Act is 28.08.1990. But the Award has been passed only on 12.10.2001. Since the mandatory provision of Section 11-A of the Act has not been complied with, the Declaration itself is quashed.

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Accordingly, this Writ Petition is allowed. There shall be no order as to costs. The respondents are at liberty to initiate the proceedings under the new Act.

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15.12.2023

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(1/4)

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

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The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George Chennai - 600 009

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

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W.P. No.4087 of 2018

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The Managing Director Tamil Nadu Housing Board Nandanam

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Chennai - 600 035

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The Special Tahsildar (LA-Unit II) Tamil Nadu Housing Board Nandanam

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Chennai - 600 035

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The Assistant Director Town and Country Planning Zonal Joint Director (Incharge) Chengalpattu Zone No.124, G.S.T. Road, Chengalpattu - 603 001

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The Zonal Joint Director Town and Country Planning No.124, G.S.T. Road, Chengalpattu - 603 001

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

W.P. No.4087 of 2018

P.VELMURUGAN. J.

Ksa-2

W.P. No.4087 of 2018

15.12.2023 (1/4)

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

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G.Balasubramanian, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

G.Balasubramanian, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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