A division bench of the Court's Madurai bench, comprising Justice V.Ramasubramanian and Justice N.Kirubakaran, ordered status quo on land acquisition on a petition filed by one of the land owners R.Kathiresan of Valvamur village in Ramanathapuram district where the plant is to be set up.
The petitioner submitted that the 1997 Act was unconstitutional and arbitrary and sought a direction to government to acquire the land invoking rights to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013.
He had already challenged the show cause notice on the ground that the authorities had no power to acquire the lands under the 1997 Act after the present Act came into force from September 29, 2013.
But without challenging the 1997 Act, he could not challenge the acquisition proceedings. He alleged that the 1997 Act was bad in law and he was challenging it.
He sought a stay on all further proceedings under the 1997 Act and restrain officials from taking possession of his lands.
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