LAWS(MAD)-2016-4-261

VASANTHA Vs. THE GOVERNMENT OF TAMIL NADU

Decided On April 04, 2016
VASANTHA Appellant
V/S
THE GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioners have filed this Writ Petition, seeking for issuance of a writ of declaration to declare the acquisition of the lands owned by the petitioners, measuring an extent of 11 cents, comprised in Survey No.145/3B2 of Keelakarani Village, Kancheepuram District, which were acquired by the Government, by notification under Section 4 (1) of the Land Acquisition Act, 1894, dated 16.10.1974 followed by a declaration issued under Section 6 of the said Act, dated 14.10.1977, and the award passed by the fifth respondent, in Award No.23 of 1986, dated 17.09.1986, as having been lapsed in terms of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) Heard the learned counsels appearing for the parties.

(3.) The first petitioner is the wife of Meyyappan and second petitioner is his son. The petitioners are co -owners of the aforesaid property, which was the subject matter of acquisition proceedings for formation of a new town under the name "Maraimalai Nagar". The petitioners have challenged the land acquisition proceedings on two grounds. Firstly by contending that though the compensation for acquisition of their land was awarded in the year 1986, not a single pie has been paid. Secondly, it is contended that the petitioners have not been dispossessed from the land in question.