G.PUSHPAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Declaration to declare the Land Acquisition proceedings initiated in respect of petitioners' lands situated at Kalapatti Village covered by S.F.No.962 of an extent of 2.00.5 Hectares; S.F.No.955 of an extent of 1.81.5 Hectares vide G.O.Ms.No.758 dtd. 3/5/1991 and lands situated at Kalapatti Village and covered by S.F.No.964 of an extent of 2.71.0 Hectares vide G.O.Ms.No.616 dtd. 26/9/1994 as having lapsed in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).

(2.) The case of the petitioner is that, the petitioners are the legal heirs of one Late.Gopalsamy and the said Gopalsamy obtained the properties comprised in S.Nos.962, 955 and 964, measuring an extent of 2.00.5 hectares, 1.81.5 hectares and 2.71.0 hectares respectively, vide partition deed dtd. 6/2/1969 registered as Document No.311 of 1969. Whileso, on 29/5/1991, the Housing and Urban Development Department vide G.O.Ms.No.758 dtd. 3/5/1991, issued notification under Sec. 4(1) of the Land Acquisition Act, 1894 (in short 'Act') notifying the acquisition of petitioners' lands in S.Nos.962 and 955, for construction of houses under Neighbourhood Scheme of the Tamil Nadu Housing Board and Declaration under Sec. 6 of the Act was made in G.O.Ms.No.288, dtd. 4/6/1992 and Award was passed in Award No.10 of 94 dtd. 2/6/1994. Further, the petitioner's land in S.No.964, measuring an extent of 2.71.0 Hectares was also acquired and Notification under Sec. 4(1) of the Act was issued, vide G.O.Ms.No.616 dtd. 26/9/1994 and Declaration under Sec. 6 of the Act was issued in G.O.Ms.No.954 dtd. 17/11/1995.

(3.) Learned counsel for the petitioner submitted that, though the Land acquisition proceedings were initiated in the year 1991 and Award, which was passed before 20 years ago, prior to the commencement of the New Act, however, till date, the petitioners were not paid with the compensation for their lands acquired for the purpose of construction of houses under Neighbourhood Scheme of the Tamil Nadu Housing Board and the lands were not put to any use. He further submitted that, as per Sec. 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (in short New Act), once the land acquisition proceedings were initiated and Award was also passed 5 years or more prior to the commencement of the New Act, but if the physical possessions of the lands are not taken or the compensation has not been paid, the said proceedings initiated under the Old Act shall be deemed to have lapsed. The relevant portion of the said Act is given as follows: