A.Vishwanathan Vs the Secretary to the Govt. of

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the entire land acquisition proceedings initiated under The Land Acquisition Act, 1894 in respect of land in survey numbers 78/5 to the extent of 602.68 cents in Award No. 3/94 dated 15.04.1994 and LAC No. 16/86, in Uchapatti Village, Thirumangalam Taluk, Madurai District which was passed by the 6^th Respondent / Special Tahsildar (Land Acquisition), South Neighbourhood Scheme, Madurai – 20 as lapsed in view of Section 11(A)(1) of the Land Acquisition Act, 1894 and Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently, directing the respondents to release these survey numbers from the patta number 458 and not to interfere with the physical possession over the said property as still they are in possession and cultivation.

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For Petitioners : Mr.C.Masilamani For Respondents : Mr.Veerakathiravan, Addl. Advocate General assisted by Mr.R.Sivakumar for R1 to R3 Mr.A.Baskaran, Addl. Govt. Pleader for R4 to R6

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

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W.P.(MD) No.22954 of 2016

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O R D E R

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This Writ Petition is filed seeking a declaration that the entire land acquisition proceedings initiated under the Land Acquisition Act, 1894, in respect of land in S.No. 78/5 got lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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2. Heard the arguments of Mr .C.Masilamani , learned counsel for the petitioners, Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.R.Sivakumar, learned counsel for respondents 1 to 3 and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 4 to 6.

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3. As per the law settled by the Constitution Bench of the Hon'ble Apex Court in Indore Development Authority vs. Manoharlal and others reported in 2020 8 SCC 129 , the deemed lapse of land acquisition proceedings under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 takes place, where the possession has not been taken from the land 3/6

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

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W.P.(MD) No.22954 of 2016

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owners and the compensation amount has not been paid. The relevant observation of the Hon'ble Apex Court reads as follows:

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“363....

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(1) & (2) .....

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(3) The word 'or' used in Section 24(2) between possession and compensation has to be read as 'nor' or as 'and'. The deemed lapse of land acquisition proceedings under Section 24(2) of the Act of 2013 takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.”

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Therefore, it is clear that when the twin conditions as laid down in Indore Development Authority's case are not satisfied the declaration as prayed for cannot be granted.

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4 . It is seen from the typed set of papers filed by the respondents,

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the petitioners received the initial compensation amount as fixed by the

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competent authority as early as on 15.04.1994 itself. Further, it is seen from the records produced by the learned Additional Advocate General appearing for the third respondent, the enhanced compensation amount 4/6

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W.P.(MD) No.22954 of 2016

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of Rs.1,39,728/- was also deposited before the III Additional Sub Court, Madurai in L.A.O.P.No.127/1995 as early as on 18.04.2017. Hence, as per the law laid down by the Hon'ble Apex Court in Indore Development Authority's case , the petitioners are not entitled to declaration as prayed for.

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5 . Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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30.06.2025

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vsm

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Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No

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To

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