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M.John Durai v. the Secretary to Government of Tamil Nadu

Madras HC11 Dec 2025WP/24642/2025

Case brief

AI extract

What is this about?

Land acquisition lapse Section 24(2) Act 30 of 2013 RFCTLARR; G.O.268 Highways and Minor Ports (HW2) dated 13.08.2010; section 15(1) Tamilnadu Highways Act 2001; notices 22.01.2011 file Na.Ka.412/2007/A1; Award No.2 of 2013 dated 20.12.2013 received 23.07.2025; road widening Mount Madipakkam Road; subway acquisition 2022 base date 2022; Alandur Village Chennai; compensation parity same base date; Article 226 writ disposed without costs; Madras High Court 11.12.2025 Senthilkumar Ramamoorthy J.

What did the court decide?

Writ petition disposed of with directions that compensation for the first acquisition be determined in the same manner as the second acquisition and that the respondents adopt the same base date for the first acquisition; no order as to costs; connected miscellaneous petitions closed. ¶42

M.John Durai Vs the Secretary to Government of Tamil Nadu — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the acquisition initiated under notification G.O.No.268 Highways and Minor Ports (HW2) dated 13.08.2010 has lapsed under Section 24(2) of Act 30 of 2013. +1 more

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Ratio / Principle

Considering the facts and circumstances, it was held just and appropriate that compensation in respect of the first acquisition be determined in the same manner as it was determined in respect of the second acquisition.

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Key takeaways

The respondents were directed to adopt, in respect of the first acquisition, the same base date as was adopted for the second acquisition.ratio¶41

Detailed headnote1 paragraphs

Madras High Court (Senthilkumar Ramamoorthy, J.), W.P.No.24642 of 2025, decided 11.12.2025: Ten landowners of Alandur Village, Chennai, filed a writ petition under Article 226 of the Constitution seeking a declaration that acquisition proceedings under G.O.268 Highways and Minor Ports (HW2) dated 13.08.2010, issued under section 15(1) of the Tamilnadu Highways Act, 2001 (Tamilnadu Act 34), and notices dated 22.01.2011, had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). The first acquisition concerned road widening of Mount Madipakkam Road; Award No.2 of 2013 dated 20.12.2013 was stated to have been received by the petitioners only on 23.07.2025. A second acquisition for a subway, initiated in 2022, had compensation determined under Act 30 of 2013 with a base date in 2022, and petitioners agreed to accept compensation on that basis for the first acquisition. Holding it just and appropriate, the Court directed that compensation for the first acquisition be determined in the same manner as for the second, and that the respondents adopt the same base date; the writ petition was disposed of without costs and the connected miscellaneous petitions (W.M.P.Nos.27774, 27779 & 27782 of 2025) were closed.

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IN THE HIGH COURT O F JUDICATURE AT MADRAS

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W.P.No.24642 of 2025

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DATED : 11.12.2025

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CORAM

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THE HON’BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No. 24642 of 2025

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and

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W.M.P.Nos.27774, 27779 & 27782 of 2025

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1.M.John Durai

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2.M.Selvakumaran

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3.S.Gnanaraj Paul Pandian

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4.N.Malarkodi

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5.E.Lakshmiammal

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6.K.V.Krishnamoorthy

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7.A.Kalasha

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8.Jayanthilal Jain

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9.R.Shenbagadevi

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10.J.Chitra

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...Petitioners

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Vs.

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1.The Secretary to Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Chennai – 600 009.

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2.The Special Tahsildar, Land Acquisition, Unit-III, Highways Department, Little Mount, Anna Salai, Chennai - 600 015.

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Page 1 of 6

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

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W.P.No.24642 of 2025

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3.The Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project-III, Chennai – 600 056.

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4.The Special District Revenue Officer (Land Acquisition and Maintenance) Highways Department, District Collector Office, Chennai Office, Guindy Unit, Chennai – 600 001. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of declaration, to declare the acquisition proceedings initiated under Notification vide G.O.268 Highways and Minor Ports (HW2) dated 13.08.2010 on the file of the 1st Respondent issued under section 15(1) of the Tamilnadu Highways Act, 2001 (Tamilnadu Act 34) and notices issued by the 3rd Respondent on file No. Na.Ka.412/2007/A1 dated 22.01.2011in respect of the lands belonging to the petitioners comprised in S.Nos.12, 52, 5, 32, 33, 2, 4, 1, 10 and 2 situated in Alandur Village, Chennai District, become lapsed, by virtue of the operation of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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For Petitioners : Mr.P.V.Balasubramaniam Senior Advocate for Mr.S.V.Vijayprashanth

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Page 2 of 6

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

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W.P.No.24642 of 2025

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For Respondents : Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.P.Sathish Additional Government Pleader

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O R D E R

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This Writ Petition has been filed for a declaration that the acquisition initiated under notification bearing G.O.No.268 Highways and Minor Ports (HW2) dated 13.08.2010 has lapsed under Section 24(2) of act 30 of 2013.

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2.The first acquisition is in respect of road widening of Mount Madipakkam Road. A second acquisition regarding a subway was initiated in 2022. It is common ground between the parties that the petitioners are in possession of the relevant lands as on date. As regards the second acquisition, compensation has been determined in accordance with Act 30 of 2013 by fixing a base date in 2022. The petitioners have submitted letters dated 23.07.2025 to the Special District Revenue Officer (Land Acquisition and Maintenance) to the effect that Award No.2 of 2013 dated 20.12.2013 was received for the first time by all the petitioners on 23.07.2025.

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Page 3 of 6

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

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W.P.No.24642 of 2025

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Learned Senior Counsel for the petitioners submits that the petitioners agree to receive compensation determined as per Act 30 of 2013 with the same base date as that adopted for the second acquisition.

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Considering the above facts and circumstances, it would be just and appropriate that compensation be determined in respect of the first acquisition in the same manner as it was determined in respect of the second acquisition. The respondents are directed to adopt the same base date in respect of the first acquisition also.

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With the above observations, this Writ Petition is disposed of without any order as to costs. Consequently, connected miscellaneous petitions are closed.

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11.12.2025

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NCC: No Index : No Speaking Order : Yes kkn _________ Page 4 of 6

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

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W.P.No.24642 of 2025

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1.The Secretary to Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Chennai – 600 009.

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2.The Special Tahsildar, Land Acquisition, Unit-III, Highways Department, Little Mount, Anna Salai, Chennai - 600 015.

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3.The Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project-III, Chennai – 600 056.

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4.The Special District Revenue Officer (Land Acquisition and Maintenance) Highways Department, District Collector Office, Chennai Office, Guindy Unit, Chennai – 600 001.

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Page 5 of 6

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

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W.P.No.24642 of 2025

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SENTHILKUMAR RAMAMOORTHY, J.

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KKN

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W.P.No. 24642 of 2025