CHENNAI: The Madras High Court has quashed the notification issued by the Chengalpattu Collector for acquiring land to construct a skywalk connecting the Kalaignar Centenary Bus Terminus (KCBT) on procedural grounds.
Justice N Anand Venkatesh passed the orders based on petitions filed by DMK MP S Jagathrakashakan, his family members J Sreenisha and JJ Sundeep Anand, proprietors of Premier Leather Corporation. They challenged the notification and land acquisition declaration, arguing that procedures were not followed, including the acquisition of five cents of their land.
The court found that the notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2023, was published only in the Chengalpattu District Gazette and not in the Tamil Nadu Government Gazette, rendering it invalid.
Justice Anand Venkatesh ruled that the acquisition proceedings were vitiated due to non-compliance with Sections 11(1) and 15 of the Act, making all subsequent actions legally untenable. However, he clarified that the authorities could initiate fresh land acquisition proceedings by strictly adhering to the prescribed legal procedures.
The ruling underscores the importance of following due process in land acquisition matters and ensures that legal mandates are upheld before proceeding with infrastructure projects affecting private landowners.