Case Note & Summary
The petitioners, owners of land in Kilambakkam Village, Chengelpet District, challenged the acquisition of their property for the construction of a sky walk connecting the proposed Kilambakkam Suburban Railway Station with the Kilambakkam Bus Terminus. The land acquisition was initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The District Collector issued a preliminary notification under Section 11(1) on 06.01.2024, published in the Chengelpet District Gazette on 03.02.2024, and a final declaration under Section 19(2) on 17.06.2024. The petitioners objected, contending that the notification was invalid because it was not published in the Tamil Nadu Government Gazette as required by the Act, and that the Collector improperly acted as both the hearing authority and the decision-making authority under Section 15, bypassing the State Government. They also argued that the final declaration lacked the requisite seal of the Secretary to Government. During the pendency of the writ petition, an award was passed on 27.09.2024. The respondents raised a preliminary objection that the writ petition, filed on 30.09.2024, was not maintainable after the award. They further argued that the State Government, by G.O. Ms. No. 526 dated 26.09.2020, had delegated its powers as appropriate Government to the District Collector for acquisitions under 600 hectares, thus making the Collector the appropriate Government. Consequently, publication in the District Gazette was valid, and the Collector was authorized to both hear and decide objections. The High Court framed three main issues: the validity of the preliminary notification, the permissibility of the Collector's dual role, and the maintainability of the writ petition. On the first issue, the court interpreted Section 3(e) of the Act and held that where the District Collector is the appropriate Government, the District Gazette qualifies as the Official Gazette, validating the publication. On the second issue, the court examined the scheme of Section 15 and concluded that the Act does not mandate separate authorities for hearing and decision-making; the Collector, when designated as appropriate Government, could exercise both functions. On the third issue, the court noted that while writ petitions after an award are generally discouraged, the present petition was filed within three days of the award, and the High Court could examine the validity of the acquisition proceedings in exercise of its jurisdiction under Article 226 of the Constitution. Ultimately, finding no merit in the substantive grounds, the court dismissed the writ petition, upheld the acquisition, and vacated the interim status quo order.
Headnote
A) Land Acquisition - Preliminary Notification - Section 11(1) and Section 3(e) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The term 'Official Gazette' in Section 11(1) means the Gazette of India or the State Gazette, but where the District Collector is notified as the appropriate Government under G.O. delegation, the District Gazette published by the Collector satisfies the statutory requirement. The court held that the preliminary notification published in the Chengelpet District Gazette was valid. (Paras 10-14)
B) Land Acquisition - Hearing of Objections - Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The Act does not prohibit the Collector from both hearing objections under Section 15(2) and making a decision under Section 15(3) when the Collector is also the appropriate Government. The absence of a hierarchical separation as in the old Land Acquisition Act, 1894 indicates legislative intent to permit combined functions. (Paras 15-16)
C) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - While generally a writ petition is not entertained after the award is passed, if the petition is filed immediately (within three days of the award) and there is no statutory remedy, the High Court can examine the validity of the acquisition proceedings, particularly when fundamental procedural defects are alleged. (Paras 9, 17)
D) Land Acquisition - Delegation of Powers - G.O. Ms. No. 526 dated 26.09.2020 - The State Government validly delegated its powers as appropriate Government to the District Collector for acquisition of land less than 600 hectares, making the Collector the appropriate Government for purposes of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Paras 13)
Issue of Consideration
Whether the preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is invalid for being published in the District Gazette instead of the State Government Gazette; whether the District Collector can perform dual functions of hearing objections under Section 15(2) and making a decision under Section 15(3) as the appropriate Government; and whether the writ petition is maintainable after the award has been passed.
Final Decision
The writ petition was dismissed. The court upheld the validity of the preliminary notification, holding that since the District Collector was the appropriate Government pursuant to G.O. Ms. No. 526, publication in the Chengelpet District Gazette fulfilled the requirement of the Official Gazette under Section 3(e) of the Act. It further held that the Act does not prohibit the same officer from hearing objections under Section 15(2) and making the decision under Section 15(3) when that officer is the appropriate Government. The court also noted that the writ petition, though filed after the award, was filed within three days and thus maintainable, but found no merit in the substantive grounds. Consequently, the connected miscellaneous petitions were closed.
Law Points
- Legal points not extracted
- Section 11(1) of RFCTLARR Act
- 2013 requires publication in Official Gazette
- 'Official Gazette' defined in Section 3(e) includes Gazette of India or State Gazette
- where District Collector is notified as appropriate Government
- District Gazette satisfies Official Gazette requirement. Section 15(2) and (3) do not bar the Collector from hearing objections and making decision when acting as appropriate Government. Writ jurisdiction under Article 226 can be exercised to examine land acquisition proceedings even after award if petition filed without delay.
Case Details
2025 LawText (MAD) (03) 179
Writ Petition No. 29765 of 2024
Justice N. Anand Venkatesh
Mr. Abudu Kumar Rajaratnam, Senior Counsel for Mr. T. Sathiyamoorthy (for petitioner); Mr. P. S. Raman, Advocate General assisted by Mr. A. Selvendran, Special Government Pleader and Mr. R. Sivakumar (for respondents)
Premier Leather Corporation, represented by its Proprietors Dr. S. Jagathrakshagan, Dr. J. Sreenisha, Dr. J. J. Sundeep Anand
1. State of Tamil Nadu, represented by its Secretary to Government, Housing & Urban Development Department, 2. The Commissioner of Land Administration, Revenue & Disaster Management Department, 3. The District Collector, Chengelpet District, 4. The Chennai Metropolitan Development Authority
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging land acquisition proceedings.
Remedy Sought
Petitioners sought a writ of certiorari to quash the notification dated 06.01.2024 (preliminary notification under Section 11(1)) and the subsequent declaration dated 17.06.2024 (under Section 19(2)) issued by the District Collector, Chengelpet District for acquisition of their land in S.No.158A/1A1, Kilambakkam Village.
Filing Reason
Petitioners alleged that the preliminary notification was not published in the Tamil Nadu Government Gazette but only in the Chengelpet District Gazette, in violation of Section 11(1). They also contended that the District Collector, who heard the objections under Section 15(2), impermissibly acted as the decision-making authority under Section 15(3) without referring the matter to the State Government. Additionally, the final declaration was not issued under the hand and seal of the Secretary to Government as required.
Previous Decisions
On 04.10.2024, the High Court granted an order of status quo, which was extended from time to time. The fourth respondent (CMDA) filed a petition to vacate the interim order.
Issues
Whether the preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is invalid for being published in the Chengelpet District Gazette instead of the Tamil Nadu Government Gazette?
Whether the District Collector can validly perform dual functions of hearing objections under Section 15(2) and taking a decision under Section 15(3) when acting as the appropriate Government by virtue of a Government Order?
Whether the writ petition is maintainable after the award for acquisition was passed on 27.09.2024?
Submissions/Arguments
Petitioners argued: (a) Section 11(1) mandates publication in the Official Gazette, which they contended means the State Government Gazette, not the District Gazette; reliance was placed on Thirumani Dharmaraj v. State of Tamil Nadu. (b) Section 15 requires a two-tier process: the Collector hears objections and sends recommendations to the appropriate Government, which then decides; the Collector violated this by making the final decision himself, relying on Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai. (c) The initial notification being void, all subsequent proceedings are null, citing State of Punjab v. Davinder Pal Singh Bhullar. (d) The final declaration under Section 19(1) must be under the hand and seal of the Secretary to Government, but was made by the District Collector without such authorization.
Respondents countered: (a) The writ petition is not maintainable after the award was passed on 27.09.2024, and the petition was filed on 30.09.2024; they cited multiple authorities including The Municipal Council, Ahmednagar v. Shah Hyder Beig and Delhi Development Authority v. Damini Wadhwa. (b) By G.O. Ms. No. 526 dated 26.09.2020, the State Government delegated its powers as appropriate Government to the District Collector for acquisition of land less than 600 hectares, making the Collector the appropriate Government; therefore, publication in the District Gazette is valid and the Collector can decide objections. (c) The 2013 Act does not contain the hierarchical separation of hearing and decision-making as in the old Land Acquisition Act, 1894; the Collector can validly exercise both functions. (d) The decision to acquire the entire land was based on a feasibility study and necessary for integrating the bus terminus with the railway station.
Ratio Decidendi
When the State Government, through a valid Government Order, designates the District Collector as the appropriate Government for land acquisition under the RFCTLARR Act, 2013 for areas below a specified threshold, the District Collector steps into the shoes of the appropriate Government. Consequently, publication of the preliminary notification in the District Gazette satisfies the requirement of 'Official Gazette' under Section 3(e), and the Collector is competent to both hear objections under Section 15(2) and make a final decision under Section 15(3) without the need for a separate authority. Exercise of writ jurisdiction after the passing of an award is not absolutely barred and may be exercised if the petition is filed without delay and involves fundamental procedural defects, though in this case the challenge failed on merits.
Judgment Excerpts
If the appropriate Government is the State Government, the Official Gazette means the Gazette published by the State Government. If the appropriate Government is the District Collector, it must be considered that the Gazette published by the District Collector in the District Gazette satisfies the requirement of the Official Gazette as contemplated under Section 3(e) of the Act.
In the instant case, by virtue of the Government Order in G.O.Ms.No.526 Revenue & Disaster Management, Land Administration Wing, LA-I(1) Section dated 26.09.2020, the District Collector is notified as the appropriate Government. Therefore, the publication made in the Chengelpet District Gazette on 03.02.2024 satisfies the requirement of the Official Gazette as contemplated under Section 3(e) of the Act.
The scheme of the Act nowhere contemplates that the same person, who heard the objections, cannot take a decision under Section 15(3).
This Court is of the considered view that the writ petition was filed within three days from the date of passing of the award and therefore, the writ petition can be entertained.
Procedural History
On 06.01.2024, the third respondent (District Collector) issued a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land in S.No.158A/1A1, Kilambakkam Village. The notification was published in the Times of India newspaper on 14.01.2024 and in the Chengelpet District Gazette on 03.02.2024. The District Collector fixed a hearing on objections on 23.03.2024. After hearing the petitioners' representative, the Collector issued a declaration under Section 19(2) on 17.06.2024. An award was passed on 27.09.2024. The petitioners filed the writ petition on 30.09.2024, challenging the notification and declaration. On 04.10.2024, the High Court granted an order of status quo. The fourth respondent (CMDA) was impleaded on 12.11.2024 and subsequently filed a petition to vacate the interim order. The court heard arguments on 25.02.2025 and delivered judgment on 03.03.2025.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 11(1), 15, 15(2), 15(3), 19(1), 19(2), 3(e)
- Constitution of India: Article 226
