W.P(MD)No.916 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.916 of 2023
and
W.M.P.(MD)Nos.858 & 863 of 2023
A.Arumugasamy ... Petitioner Vs
1.The Commissioner of Land Administration, Chepauk,
Chennai.
2.The District Collector,
Thenkasi District,
Thenkasi.
3.The District Revenue Officer, Thenkasi District,
Thenkasi.
4.The Revenue Divisional Officer, Thenkasi,
Thenkasi District.
5.The Special Thasildhar,
AdiDravidar and Tribal Welfare, Thenkasi,
Thenkasi District.
6.The Thasildhar,
Senkottai Taluk,
Thenkasi District. ... Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the fifth respondent in Na.Ka.A.314/2022 dated 29.08.2022 and quash the same consequently to declare that the entire land acquisition proceedings initiated under the Land Acquisition Act, 1894 in respect of the agricultural land belonging to the petitioner in New punjai Survey No.194/4 to the total extent of 31 cents in Kanakapillaivalasai Village, Thenkasi Taluk, Thenkasi District, as lapsed in view of the Section 24(2) of the Tamil Nadu Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act-30 of 2013). For Petitioner : Mr.D.Selvanayagam
For Respondents : Mr.B.Saravanan
Additional Government Pleader
ORDER
Heard the learned counsel on either side. 2.The learned counsel appearing for the writ petitioner raised two fold contentions. He seeks declaration that the proceedings initiated under Land Acquisition Act, 1894 has lapsed in view of Section 24(2) of the Central Act 30 of 2013. This contention may not have any substance.
3.As rightly pointed out by the learned Additional Government Pleader appearing for the respondents, to attract Section 24(2) of the Right to Fair
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Compensation and Transparency in Land acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) the petitioner will have to cross a double barrier. He must demonstrate that he is in possession of the land. He must also establish that the compensation amount has not been paid to him. In this case, the petitioner had received compensation for the acquired lands long back. Therefore, Section 24(2) of the Central Act 30 of 2013 is clearly not applicable.
4.The learned counsel appearing for the petitioner submitted that since the land in question remains unutilized, he is entitled to seek return of the same under Section 101 of the new Act which is follows:
"101.Return of unutilised land.- When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government.
Explanation - For the purpose of this section, "Land Bank" means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use."
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The said provision will be applicable only if the land has been acquired under the new Act. In this case, the land was not acquired under the new Act. Therefore, I do not find substance in the second contention also. The petitioner's request has been rejected by the fifth respondent. It does not call for any interference.
5.This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
27.01.2023
Index : Yes / No Internet : Yes / No NCC : Yes / No
MGA
To
1.The Commissioner of Land Administration, Chepauk,
Chennai.
2.The District Collector,
Thenkasi District,
Thenkasi.
3.The District Revenue Officer, Thenkasi District,
Thenkasi.
4.The Revenue Divisional Officer, Thenkasi,
Thenkasi District.
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5.The Special Thasildhar, AdiDravidar and Tribal Welfare, Thenkasi,
Thenkasi District.
6.The Thasildhar,
Senkottai Taluk,
Thenkasi District.
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G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.916 of 2023 and
W.M.P.(MD)Nos.858 & 863 of 2023
27.01.2023
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