K.R.THANGARAJ Vs. GOVERNMENT OF TAMIL NADU REPRESENTED BY SECRETARY, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT

JUDGEMENT

(1.) The petitioner has come forward with this petition seeking declaration that the land acquisition initiated with a notification under section 4(1) of the Land Acquisition Act, 1894 on 02.08.1991 and culminated in an award on 22.03.1993 has lapsed on both grounds provided therefore under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act, 30 of 2013).

(2.) The brief facts which are essential for the current purpose is that the petitioner owned a plot of land measuring 2.78 acres in S.No.344 of Vilankurichi Village and the same is sought to be acquired for some public purposes for providing house sites for Adi Dravidars. This was sought to be challenged now. The petitioner has earlier filed few writ petitions at different stages of the acquisitions but was unsuccessful. The petitioner further avers in the affidavit that the land acquisition authority had deposited the compensation payable under Section 31 in LAOP No.139/93 before the Sub-Court, Coimbatore.

(3.) According to the petitioner, his possession has not yet been taken. In the meantime, he has indicated that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act, 30 of 2013) which came into force on 01.01.2014 and that under Section 24(2) thereof in cases where an award was passed five years or more prior to the commencement of the said Act and where possession was not taken or compensation was not deposited, the entire acquisition proceeding would lapse inasmuch as possession of the petitioner's property was not taken in the manner known to law.