‘Deepa can challenge takeover of Jaya house only in sessions court’
TNN | Aug 5, 2020, 14:00 IST
CHENNAI: Ninedays after Veda Nilayam, the Poes Garden residence of former chief minister J Jayalalithaa, was officially acquired by the Tamil Nadu government, the state informed the Madras high court that any challenge made against the acquisition could only be made before the Chennai civil court and not before the high court.
Justice N Anand Venkatesh, before whom the case came up for hearing on Tuesday, agreed with this submission of advocate-general VijayNarayan, andsaidthe petitioner could directly approach the high court only when no remedy is available under any provision of the Act. But the statute is clear that challenge against the award can be made only before the principal judge of civil court, the judge added.
Earlier, Vijay Narayan said: “She has not challenged the acquisition order but only the award. As per Section 61 of the Land Acquisition Act, principal judge city civil court is the competent authority to hear such challenges.”
The apex court has also made it clear that such acquisition cannot be challenged after the award of compensation, he added.
Opposing the submission,Deepa’scounselGJBaskar Narayanan contended that such a challenge could be made under Section 63 of the Act. Counsel further added that the petitioner challenged both the acquisition and the award ordered.
Since the hearing was interrupted due to poor network connection on petitioner counsel’s side the court adjourned the hearing to Friday (August 7).