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R. Gunasekaran Vs. The Appellate Authority/District Collector, Erode a ...

Court : Chennai

..... possession was never taken over of the land in accordance with law and thus, in view of section 24 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, if either of the two eventualities specified possession not taken over or compensation not deposited, the land stands released from the acquisition proceedings. 5. ..... the petitioner herein and two others, being w.p.no.32402 of 2004 seeking re-conveyance of the land under section 48-b of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 on the ground of the same not having been utilized. ..... of the land cannot be countenanced, as the petitioner herein and two others have encroached on the land and section 24 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 is not for the protection of such persons. ..... question forms subject matter of the acquisition proceedings under land acquisition act, 1894 (hereinafter referred to the land acquisition act ) by issuing of notification under section 4 of the land acquisition act dated 20.04.1999 and post enquiry, declaration under section 6 was ..... to the extent of 3.20 acres in anthiyur village and taluk, erode district, in respect of which, a notice was issued on 09.09.2015 under section 7 of the said act, which was assailed in w.p.no.30723 of 2015, followed by an order under section 6 of the said act dated 23.09.2015. 3. .....

igate Global Solutions Limited Vs. the State of Tamil Nadu

Court : Chennai

..... laid down by the apex court on the recent judgment in pune municipal corporation case cited supra with regard to the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, which came into force on 1.1.2014, although he has contended that both the situations, namely, physical possession of the land has not been taken and the compensation has not ..... challenging the correctness of the impugned order dated 9.3.2009 rejecting the request of the petitioner for re-conveyance of the property under section 48-b of the act, the new act, namely, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, which came into effect from 1.1.2014, clearly stating that where an award has been made five years or more prior to the ..... now moving to the core question whether the petitioner is entitled to reap the benefit of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, which came into effect from 1.1.2014, admittedly, the award in the present writ petition was passed on 23.4.97 and thereafter notices were issued to ..... applicable to the case of the petitioner, with the result, the legal fiction under section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 would come into operation, as laid down by the apex court, as and when the conditions stated thereunder are satisfied. .....

R. Rangarajan and Another Vs. The District Collector Thiruvellore Dist ...

Court : Chennai

..... compensation and transparency in land acquisition, rehabilitation and resettlement (tamil nadu amendment) bill, 2014 (la bill no.5 of 2014) was passed by the legislative assembly ..... of land for harijan welfare schemes act, 1978 (tamil nadu act 31 of 1978), the tamil nadu acquisition of land for industrial purposes act, 1997 (tamil nadu act 10 of 1999) and the tamil nadu highways act, 2001 (tamil nadu act 34 of 2002), after the date of commencement of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (central act 30 of 2013) and to apply the provisions of the central act 30 of 2013 for determination of ..... compensation to the cases of land acquisition under the said tamil nadu acts, the right to fair .....

S.Kumariah Nadar Vs. 1.The District Collector,

Court : Chennai

..... and the admission made by the special tahsildar before this court, it is crystal clear that as required under section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, the compensation amount has not been paid and therefore, as per the judgment of the hon'ble supreme court, the land acquisition proceedings shall stand lapsed. ..... to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, has come into force with effect from 01.01.2014 ..... that if the government deems it necessary, the government may initiate fresh proceedings for acquisition of these lands under the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013. ..... still required for public purpose, the government is at liberty to initiate proceedings afresh for land acquisition in accordance with the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013. ..... not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all the beneficiaries specified in the .....

C. Ravi Subramanyam and Others Vs. State of Tamil Nadu, Represented by ...

Court : Chennai

..... /2010/a1/unit-4 dated 06.01.2014 on the file of the second respondent herein and quash the same as being contrary to the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 and consequently direct the respondents to proceed further in respect of acquisition of land and payment of compensation in respect of the outer ring road project strictly in accordance with the provisions of the right ..... to pay compensation in accordance with section 24(1)(a) of the right to fair compensation and transparency in the land acquisition, rehabilitation and resettlement act 2013 was not considered since all the land acquisition proceedings were made only in accordance with the provisions of the land acquisition act 1894 and the rules framed there under and not in accordance with the provisions of the right to fair compensation and transparency in ..... the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as the "new act") which came into force from 01.01.2014. ..... awarded for acquisition of 0.72.0 hectare of lands owned by him, has filed this writ petition, seeking directions against the respondents to refrain from proceeding further under the land acquisition act 1894 and to compensate the petitioner in accordance with section 24(1)(a) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013. .....

K.S. Shanthilal Vs. Sarojini Ammal and ors.

Court : Chennai

Reported in : (1996)1MLJ562

..... it has been held in that case that the effect of the resettlement of 1926 was to retain the janmam estates and not to abolish the same or to convert them into ryotwari estates, and there was merely a change of ..... the aforesaid fact is also-borne out from the preamble of the act, which is as follows:an act to provide for the acquisition of the rights of janmis in janmam estates in the gudalur taluk of the nilgiris district and the introduction of ryotwari settlement in such estates ..... that stage the petitioner did not choose to contend before the settlement officers that the provisions of the act 24 of 1969 were not applicable and they could not continue the proceedings. ..... from the aforesaid facts the petitioner himself admits that proceedings were initiated under the act 24 of 1969 for grant of ryotwari patta. ..... is that the provisions of the gudalur janmam estates (abolition and conversion into ryotwari) act is not applicable to the present case. ..... as per the provisions of the said act, all the janmam lands vested with the government and the judgment-debtor has obtained ryotwari patta ..... therefore, the provisions of the act 24 of 1969 is applicable to the land in question ..... gudalur janmam estates (abolition and conversion into ryotwari) act 24 of 1969 was not applicable. ..... , the claim of the writ petitioners was that the lands in their possession became ryotwari lands and therefore the gudalur janmam estates (abolition and conversion into ryotwari) act 24 of 1969, was not applicable. .....

M. Arularasan Vs. the State of Tamil Nadu Rep. by Its Secretary, Indus ...

Court : Chennai

Reported in : (2008)4MLJ906

..... as required under this policy have been obtained, and to make sure that the requiring body has agreed to bear the entire cost of rehabilitation and resettlement benefits and other expenditure for rehabilitation and resettlement of the affected families as communicated by the administrator for rehabilitation and resettlement, before approving it.the policy also empowers the persons who have acquired any right prior to the date of issue of notification under the land acquisition ..... he also made it clear that by handing over possession of the property as per the tamil nadu act 10 of 1999 the petitioner does not loose his right if he is eligible as per the resettlement policy whether it is of the year 2003 or 2007. ..... the resettlement and rehabilitation benefits are not forming part of the land acquisition act or tamil nadu act 10/99 at all. ..... as per the national policy he is entitled to remain in possession of the property till the alternate accommodation is given to him or in short the basic contention is that the tamil nadu act 10/1999 is to be read along with the national rehabilitation and resettlement policy of 2003.4. ..... ) department dated 17.05.2005 according revised administrative sanction for acquisition of 1929.28.83 hectares of land under the provisions of tamil nadu acquisition of lands for industrial purpose act, 1997 and the order of the 1st respondent directed the third respondent to follow the national policy for resettlement and rehabilitation. .....

B. Venkatesalu and Another Vs. The Secretary to Government of Tamil Na ...

Court : Chennai

..... first respondent in g.o.ms.no.1339, industries, dated 20.09.1982 to quash the same, as the above land acquisition proceedings being lapsed in view of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and consequently direct the respondents herein to hand over the possession of the petitioners land to an extent of 4.46 acres in s.no.583 in 105, moranapalli village in hosur taluk, krishnagiri district.) 1. ..... that the above writ petition is being filed invoking section 24(2) of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 on the grounds that, (a) award under section 11 of the land acquisition act, 1894 has been made five years or more prior to the commence of 2013 act, (b) but compensation has not been paid in the said proceedings and (c) possession of the land has not been taken in the ..... that as the first respondent government's go acquiring petitioners' land in g.o.ms.no.1339, industries, dated 20.09.1982 is being lapsed in view of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, legally now the acquisition is not in vogue as it had lapsed on 01.01.2014 itself. ..... further submitted that in the aforesaid circumstances, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 came into effect on 1st january 2014. .....

R. Balasubramanian and Others Vs. The State of Tamil Nadu and Others

Court : Chennai

..... the original land owners / petitioners herein had filed writ petitions, before this court, under right to fair compensation and transparency in land acquisition and rehabilitation and resettlement act, 2013 (act 30/2013) and finally the original land owners, on whose name, the award amount was deposited, had also filed a writ petition, in w.p.no.12909 of 2014. ..... review petitioners are entitled to receive remedy under section 24(1) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, since compensation amount has not been paid and the possession of the acquired lands had not been taken over from the ..... as per section 24 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, if physical possession of the acquired land has not been taken over by the land acquisition officer or compensation has not been paid, the proceedings under which the subject ..... petition, in w.p.no.12909 of 2014, seeking a writ of declaration to declare that the land acquisition proceedings, initiated under the land acquisition act, 1894, in respect of their lands comprised in survey nos.73/1b, 73/3 of thiruvidanthai village (formerly semmancherry village), chengelpet taluk, kancheepuram district, as lapsed in view of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, which came into force with effect from 01.01.2014. .....

Sankary Vs. The Commissioner of Municipal Administration, Chennai and ...

Court : Chennai Madurai

..... a very vital fact that section 2(1) of 'the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013' specifies that 'the provisions of this act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate government acquires land for its own use,hold and control, including for public sector ..... that the benefits under 'the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013', will be available in all the cases of land acquisition under land acquisition act, 1894, where the award has not been made or possession of land had not been taken ..... 'the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013' speaks of 'land acquisition process under act no.1 of 1894 shall be deemed to have lapsed in certain cases'. ..... 'the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013', have been comprehensively defined. 27. ..... for the petitioner contends that the third respondent should have seen that the land acquisition act, 1984 has been repelled and therefore, the first respondent is bound to comply with ..... " section 7(2) and 7(3) of the tamil nadu acquisition of land for industrial purposes act, 1997 runs as hereunder:- "7(2) where the amount has been determined by agreement between the government and the person to whom the amount has to be paid, .....