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THE SPECIAL TAHSILDAR (LAND ACQUISITION) MARAIMALAI NAGAR SCHEME KATTANKULATHUR 603203 TAMILNADU v. VARADARAJA NAICKER (DEAD)

Supreme Court of India | Diary 41087/2017

Status

Order

Decided On

2024-11-26

Bench

HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA, HON'BLE MS. JUSTICE BELA M. TRIVEDI

Petitioner

THE SPECIAL TAHSILDAR (LAND ACQUISITION) MARAIMALAI NAGAR SCHEME KATTANKULATHUR 603203 TAMILNADU

Respondent

VARADARAJA NAICKER (DEAD)

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 ( Arising out of SLP (C) NO. 1041/2018 )

THE SPECIAL TAHSILDAR (LAND ACQUISITION) Appellant(s) MARAIMALAI NAGAR SCHEME KATTANKULATHUR 603203 TAMILNADU & ANR.

VERSUS

VARADARAJA NAICKER (DEAD) Respondent(s)

O R D E R

1. Applications seeking substitution are allowed after

condoning the delay in filing the substitution application

and setting aside abatement. Amended cause title be

furnished.

2. Leave granted.

3. The impugned order dated 29-10-2014 passed by the

High Court of Judicature at Madras, whereby the proceedings

in WA No. 2254/2001, filed by the respondent(s) – herein

was allowed, is under challenge before this Court.

4. Having heard the learned counsel for the parties and

carefully perusing the material placed on record, it

appears that the High Court had declared the acquisition

proceedings in question as lapsed in view of Section 24(2)

of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

However, it is not disputed by the learned counsels for the

parties that in view of the later decision in the case of

“Indore Development Authority vs. Manoharlal And Ors. Etc.”

2

Reported in (2020) 8 SCC 129, the matters are required to

be remitted to the High Court for fresh consideration.

5. In that view o...

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