S. KUMARIAH NADAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE second respondent herein issued a notification under Section 4(1) of the Land Acquisition Act, 1894, to acquire 0.55.5 hectares of land comprised in Survey No. 453/1B and 0.64.0 hectares of land comprised in Survey No. 453/2B at Panagudi Part I Village, in Radhapuram Taluk, Tirunelveli District. The entire extent of land comprised in Survey Nos. 453/1B belong to the petitioner herein. So far as the land comprised in Survey No. 453/2B is concerned, it was jointly owned by the petitioner and his brother by name Mr. Hariram Nadar, who is now no more.

(2.) AFTER following the procedure contemplated under the Act, a declaration under Section 6 of the Land Acquisition Act, 1894, was made in the Tamil Nadu Government Gazette on 02.09.1992. Thereafter, the enquiry for fixing the amount of compensation was initiated. In culmination of the same, an award was passed under award No. 10/1992 -93, dated 15.03.1993, but so far neither possession has been taken by the respondents nor compensation amount has been paid to the petitioner and his brother. In such circumstances, the petitioner has come up with this writ petition seeking to quash the above land acquisition proceedings and to restore the lands to the petitioner.

(3.) ADMITTEDLY , the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, has come into force with effect from 01.01.2014. Sub Section 2 of Section 24 of the said Act reads as follows;