The High Court of Madras passed a judgment on 28 April 2023 stating that under Section 24(2) of the Land Acquisition Act,2013 there are two requirements of taking over possession and payment of compensation. Section 24(2) of the 2013 Act provides for retrospective operation of the 2013 Act qua pending acquisition proceedings under the 1894 Act..
It was stated in the case of The Coimbatore Cricket Club V. The Secretary to Government (WP.3351/2020) which was passed by the single judge bench comprising of HONOURABLE JUSTICE M.S.RAMESH
FACTS OF THE CASE:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring that the entire acquisition proceedings initiated by the first respondent under the Land Acquisition Act 1894, covered in Award No.10/87 dated 16.10.1987 in respect of the lands of an extent of 1.16 acres comprised in Survey No.455 and an extent of 6.50 acres comprised in S.No.456, totally admeasuring about 7.66 acres situated in Telugupalayam Village, Coimbatore District belonging to the petitioner Trust, as lapsed by operation of law in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (Act 30 of 2013)
JUDGEMENT OF THE CASE
The respondents have failed to substantiate the compliance of the twin requirement under Section 24(2) of the New Act, of both taking over possession and payment of compensation. Accordingly, it is hereby declared that the entire acquisition proceedings initiated by the first respondent under the Land Acquisition Act 1894, covered in Award No.10/87 dated 16.10.1987 in respect of the lands of an extent of 1.16 acres comprised in Survey No.455 and an extent of 6.50 acres comprised in S.No.456, totally ad-measuring about 7.66 acres situated in Telugupalayam Village, Coimbatore District belonging to the petitioner Trust, has “lapsed” by operation of law under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (Act 30 of 2013). In view of the above declaration, the fourth respondent herein shall carry out the necessary mutation of records, by incorporating the petitioner’s name as “owner of the subject property” in their revenue records. Consequently, the Writ Petition stands allowed. Connected Miscellaneous Petition is closed. There shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
