AI Structured Summary
Not yet generated for this judgment
Judgment
In W.P(MD)No.10757 of 2016, the Petitioner seeks for a direction to the respondents to initiate and expedite the land acquisition proceedings
under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 with respect to the lands comprised in S.F.Nos.1644, 1645/1 and
1645/2, Adhiyanoothu Village, Dindigul District and complete the same within the time stipulated by this Court and to disburse the due
compensation for the land acquired to the Petitioner company.
In W.P(MD)No.10758 of 2016, the Petitioner seeks for a direction to the respondents to pay the sum of Rs.10 crores with accrued interest,
deposited pursuant to the order of this Court dated 28.7.2015 in Cont.P(MD)No.570 of 2015 in W.P(MD)No.1389 of 2014, dated 28.7.2015
lying in the nationalised Bank towards part satisfaction of the compensation for the Petitioner''s dispossessed land, to be acquired from the
Petitioner company.
The grievance of the Petitioner-Company is that even though the respondents 4 to 7 took possession of the land belonging to the
Petitioner/company and handed over the same to the Southern Railways namely, the respondents 8 and 9 herein,without even issuing fresh
notification of the proposed acquisition, till this date, the respondents have not completed the acquisition process and determined the compensation
payable to the Petitioner. It is the further case of the Petitioner that the original notification earlier issued under the Land Acquisition Act, 1984 got
lapsed and no steps are taken to issue any fresh notification, despite the fact that the Petitioner was dispossessed of their land long ago.
The sixth respondent filed a report before this Court, dated 30.1.2017 stating that 29 months are required for initiation and completion of the
fresh land acquisition proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997.
Heard both sides and perused the materials placed before this Court.
It is not in dispute that the Petitioner''s lands were taken possession as early as in the year 1984. It is also not in dispute that the earlier attempt
made by the respondents to initiate and complete the acquisition proceedings under the Land Acquisition Act was not successful due to certain
technical reasons. However, the respondents wanted to commence fresh acquisition proceedings under the Tamil Nadu Acquisition of Land for
Industrial Purpose, 1997. It is seen that such proceedings have also not been initiated and completed so far. When that being the factual position,
the respondents cannot take their own time to commence and complete the acquisition proceedings under the above said enactment, that too, by
seeking a long time of 29 months. Needless to say that the Petitioner, who is dispossessed of the land must get the compensation at the earliest
point of time, as it is stated before this Court by the learned counsel for the Petitioner that they would not oppose the acquisition and would co-
operate with the authorities in completing the acquisition proceedings at the earliest possible time.
Therefore, W.P(MD)No.10757 of 2016 is disposed of, by directing the respondents to commence and complete the acquisition proceedings
under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997, within a period of one year from the date of receipt of a copy of this
order. The petitioner is also directed to cooperate with the respondents in completing the acquisition proceedings, within the time stipulated supra.
W.P(MD)No. 10758 of 2016
In view of the order passed in W.P(MD)No.10757 of 2016, with a direction to the respondents to commence and complete the acquisition
proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997, within a period of one year from the date of receipt of a copy
of this order, no further order is necessary in this Writ Petition. Accordingly, the same is closed. No costs.