SUNDARAMONI VENKATESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed for direction, directing the respondents to drop the acquisition proceedings for the property comprised in Old Survey No.232/lC, New Survey No.232/lC2 to 232/1C7 at Kottivakkam Village (herein after called as "subject land"), for the reason that the entire acquisition proceedings have lapsed under Sec. 24 of Right to FairCompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) Heard Mr.V.Ayyadurai, learned Senior Counsel appearing for the petitioners, Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1, 3 and 4 and Mr.M.Baskar, learned standing counsel appearing for the second respondent.

(3.) The second respondent acquired the subject land for implementation of "South Madras Neighbourhood Scheme" for general public. The notification under Sec. 4(1) of the Land Acquisition Act, 1894 was issued on 19/2/1975 in the name of L.N.Venkatesan for the total extent of 10.33 acres comprised in Survey No.232/lC. The land covered in Survey No.232/lC for an extent of 10.33 acres out of which 6 acres of land already got approved for private lay-out vide DTCP No.LDPM/DT and CT No.20 of 1975, dtd. 12/2/1975. Therefore, the land ad-measuring 6 acres was excluded from the acquisition proceedings before passing the award. In respect of the remaining property, to an extent of 4.33 acres, has been covered in the acquisition proceedings. It was challenged in W.P.No.10351 of 1982, in respect of the land comprised in Survey No.232/1C to an extent of 6 acressituated at Kottivakkam Village, Saidapet Taluk and the same was allowed by an order dtd. 8/1/1988.