Challenge to a 1999 land acquisition award via Section 24(2) of the 2013 Act, alleging non-deposit of compensation. The Division Bench relied on Indore Development Authority to hold that stale claims cannot revive concluded acquisition proceedings and confirmed dismissal of the writ petition.
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W.A. No.155 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No.155 of 2022 and C.M.P. Nos.1069 and 1070 of 2022
1.M.Gnanasubramaniam (died) 2.G.Pankajam (sole appellant died and 2nd appellant brought on record as LR of the deceased sole appellant vide order dated 04.11.2024 made in C.M.P. Nos.21557, 21558 and 21560 of 2024 in W.A.No.155 of 2022)
... Appellant
Vs.
1.The Secretary,
Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
2.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai – 600 035.
3.The Land Acquisition Officer and Special Tahsildar (Land Acquisition), Housing Development Scheme No.1, Coimbatore – 641 018.
Page 1 of 8
W.A. No.155 of 2022
4.The Executive Engineer, Tamil Nadu Housing Board, Tatabad, Coimbatore – 641 012. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order dated 13.09.2021 in W.P. No.41611 of 2016.
| For Appellant | : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan |
|---|---|
| For Respondents | : Mr.D.Ravichander, |
| Special Government Pleader | |
| for R1 and R3 | |
| Mr.P.Kumaresan, | |
| Additional Advocate General | |
| assisted by Mr.M.Arun Kumar, | |
| Standing Counsel for R2 and R4 |
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J. )
Writ appeal has been instituted to assail the writ order dated
13.09.2021 passed in W.P.No.41611 of 2016.
been instituted challenging award dated 29.10.1999 passed by Land Page 2 of 8
W.A. No.155 of 2022 Acquisition Officer and Special Tahsildar (Land Acquisition), Housing
Development Scheme, Coimbatore, in respect of properties comprised in Survey Nos.539/2A and 539/4 situated at Vella Kinar Village, Coimbatore
Town and Taluk to an extent of 0.35.0 and 0.07.5 hectares respectively.
developing housing scheme by Tamil Nadu Housing Board. The Government acquired subject properties by following procedures as contemplated under
the Land Acquisition Act, 1894. Award No.1 of 1999 came to be passed on 29.10.1999. Pursuant to said award, compensation was also deposited on 25.05.2000 on the file of Principal Subordinate Court, Coimbatore. In respect
of possession, subject properties were taken over by Government and handed over to Tamil Nadu Housing Board on 03.01.2008. Writ appellant would submit that compensation has not been deposited either before Court or in Revenue deposit. Therefore, appellant is entitled to avail the benefit to resume
acquired property under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
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W.A. No.155 of 2022 (30 of 2013) {hereinafter referred to as New Land Acquisition Act, 2013).
settled by Hon'ble Supreme Court of India in the case of Indore
Development Authority vs. Manoharlal And Ors. Etc. reported in (2020) 8
SCC 129 and dismissed the writ petition on the ground that twin conditions
stipulated under Section 24(2) of New Land Acquisition Act, 2013 have been
complied with and therefore, the appellant is not entitled for relief.
and writ petition came to be instituted in the year 2016. However, writ Court
recorded the submission of Government that the amount was deposited after
passing of an award in the year 1999 and possession was taken over and handed over to the Tamil Nadu Housing Board/requisitioning body. All along
Tamil Nadu Housing Board is in possession of subject properties. Subject properties situate in Coimbatore city and on account of sky-rocketing of market value of properties, these erstwhile owners are attempting to file writ
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W.A. No.155 of 2022 petitions in order to resume properties after several decades. Such practice of
erstwhile land owners in respect of concluded land proceedings after several years cannot be encouraged by this Court.
in the case of Indore Development Authority (cited supra), in paragraph No.
366.9 held as under:
'366.9 Section 24(2) of the Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land 319 acquisition. Section 24 applies to a proceeding pending on the date of enforcement of the Act of 2013, i.e., 1.1.2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.'
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W.A. No.155 of 2022
claims and cannot be entertained by High Courts. Learned Special Government Pleader would bring it to the notice of this Court that the original appellant himself has not pleaded in his affidavit that the award amount has not been deposited soon after passing of Award No.1 of 1999. In the absence
of any such pleading, now it cannot be raised for the purpose of availing benefit under Section 24(2) of New Land Acquisition Act, 2013. It is made
clear that stale claims made after several years for resumption of lands in
respect of acquired lands cannot be encouraged by Courts.
respect of writ order and consequently, the same is confirmed. Writ appeal
stands dismissed. Connected miscellaneous petitions are closed. There shall
be no order as to costs.
[S.M.S., J.] [M.S.Q., J.] 03.11.2025
Index:Yes/No
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W.A. No.155 of 2022
Neutral Citation:Yes/No mmi
To
Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
2.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai – 600 035.
3.The Land Acquisition Officer and Special Tahsildar (Land Acquisition), Housing Development Scheme No.1, Coimbatore – 641 018.
4.The Executive Engineer, Tamil Nadu Housing Board, Tatabad, Coimbatore – 641 012.
Page 7 of 8
W.A. No.155 of 2022
S.M.SUBRAMANIAM, J.
AND MOHAMMED SHAFFIQ, J.
mmi
W.A. No.155 of 2022
03.11.2025
Page 8 of 8
1 issue framed by the court
Whether landowners could resume acquired land under Section 24(2) of the 2013 Act on the ground that compensation was allegedly not deposited or possession not taken.
Colour shows how this judgement treated each authority
Indore Development Authority vs. Manoharlal And Ors.Followed¶6
(2020) 8 SCC 129 · Who else cites this
2 provisions across 2 enactments
G.Pankajam (LR of deceased sole appellant M.Gnanasubramaniam)
The Secretary, Housing and Urban Development Department, Chennai
The Chairman, Tamil Nadu Housing Board, Chennai
The Land Acquisition Officer and Special Tahsildar (Land Acquisition), Coimbatore
The Executive Engineer, Tamil Nadu Housing Board, Coimbatore
S.M.Subramaniam
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
