The Chairman And Managing Director, … vs D. Vijaykumar on 27 July, 2026

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    The Chairman And Managing Director, … vs D. Vijaykumar on 27 July, 2026

                                  IN THE SUPREME COURT OF INDIA
                                  CIVIL APPELLATE JURISDICTION
    
                                  CIVIL APPEAL NO.         OF 2026
                               [Arising out of SLP(C) No.10230/2023]
    
                 THE CHAIRMAN AND MANAGING DIRECTOR, STATE             APPELLANT(S)
                 INDUSTRIES PROMOTION CORPORATION OF
                 TAMIL NADU LTD.
    
    
                                               VERSUS
    
    
    
    
                 D. VIJAYKUMAR & ORS.                                  RESPONDENT(S)
    
    
                                               WITH
                                 CIVIL APPEAL NO.         OF 2026
                                      [SLP(C) No.10233/2023]
    
                                 CIVIL APPEAL NO.          OF 2026
                                      [SLP(C) No. 10234/2023]
    
                                CIVIL APPEAL NOS.         OF 2026
                                   [SLP(C) Nos. 6363-6424/2023]
    
                                 CIVIL APPEAL NO.          OF 2026
                                      [SLP(C) No. 10231/2023]
    
                                CIVIL APPEAL NOS.         OF 2026
                                  [SLP(C) Nos. 10235-10236/2023]
    
                                CIVIL APPEAL NOS.         OF 2026
                                  [SLP(C) Nos. 10239-10325/2023]
    
                                CIVIL APPEAL NOS.         OF 2026
                                  [SLP(C) Nos. 10327-10328/2023]
    
                                CIVIL APPEAL NOS.         OF 2026
                                  [SLP(C) Nos. 22770-22856/2025]
    
                                 CIVIL APPEAL NO.          OF 2026
    Signature Not Verified
    
    Digitally signed by
                                   [SLP(C) No.         OF 2026]
    SACHIN KUMAR
    SRIVASTAVA
    Date: 2026.07.30
                                     [Diary No(s). 42231/2026]
    16:55:13 IST
    Reason:
    
    
    
    
                                                 1
                    CIVIL APPEAL NO.          OF 2026
                      [SLP(C) No.         OF 2026]
                        [Diary No(s). 42219/2026]
    
                                     O R D E R
    

    1. Delay condoned.

    2. Leave granted.

    SPONSORED

    3. The issue that arises for consideration in these

    cases is whether the respondent – landowners are

    entitled to be paid compensation for their acquired land

    in accordance with provision of the Right to Fair

    Compensation and Transparency in Land Acquisition,

    Rehabilitation and Resettlement Act, 2013 (in short,

    ‘2013 Act’) with cut-off date of 01.01.2014 or as per

    the rate determined under the Tamil Nadu Acquisition of

    Land for Industrial Purposes Act, 1997 (in short, ‘1997

    Act’).

    4. The State of Tamil Nadu accorded administrative

    approval to acquire 970 acres of land in favour of the

    State Industrial Corporation on 06.01.2009. Thereafter,

    a notification under Section 3(2) of the 1997 Act was

    issued on 27.10.2009. This was followed by a public

    notice in Form ‘B’ on the same date. The State

    Government, after waiting for two years, published a

    notification in the Government Gazette on 13.12.2011.

    However, no award was passed. Meanwhile, writ petitions

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    were filed challenging certain provisions of the rules

    framed by the State Government under the 1997 Act. We

    are informed that interim protection was granted by the

    High Court in those writ petitions on different dates

    during the year 2012 to 2013.

    5. Section 7 of the 1997 Act deals with “determination

    and payment of amount”. Sub-section (1) provides that

    where any land is acquired by the State Government under

    this Act, compensation for such land shall be determined

    in accordance with the provisions of this section. Sub-

    section (6) of Section 7 has a material bearing, and it

    reads as follows:

    “7(6) In determining the amount, the Collector
    shall be guided by the provisions contained in
    sections 23 and 24 and other relevant
    provisions of the of the Land Acquisition Act,
    1894
    subject to modifications that-

    (a) in the said section 23, the references to
    the date of publication of the notification
    under section 4, sub-section (1) and the time
    of publication of the declaration under section

    6 of the said Act shall be construed as
    reference to the date of publication of notice
    under sub-section (20 and (1) respectively of
    section 3 of this Act; and

    (b) in the said section 24, the references to
    the date of publication of notification under
    section 4, sub-section (1) and the date of
    publication of the declaration under section 6
    of the said Act shall be construed as
    references to the date of publication of notice
    under sub-section (2) and (1) respectively of
    section 3 of this Act.”

    6. It may also be explained at this stage that barring

    Section 7, the 1997 Act does not describe any mechanism

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    for acquisition of land. It is obvious that the

    acquisition process, as mandated by Section 7(6) of the

    1997 Act, was required to be completed in accordance

    with the provisions of the Land Acquisition Act, 1894

    (in short, ‘1894 Act’). Even otherwise, the acquisition

    proceeding was to be concluded and the award made within

    a reasonable time.

    7. The 1894 Act came to be repealed with the

    enforcement of the 2013 Act with effect from 01.01.2014.

    Section 24 of the 2013 Act too has some relevance, and

    it reads as follows:

    “24. Land acquisition process under Act No. 1 of
    1894 shall be deemed to have lapsed in certain
    cases.–(1) Notwithstanding anything contained in
    this Act, in any case of land acquisition
    proceedings initiated under the Land Acquisition
    Act, 1894
    ,—

    (a) where no award under section 11 of the said
    Land Acquisition Act has been made, then, all
    provisions of this Act relating to the
    determination of compensation shall apply; or

    (b) where an award under said section 11 has
    been made, then such proceedings shall continue
    under the provisions of the said Land
    Acquisition Act
    , as if the said Act has not been
    repealed.

    (2) Notwithstanding anything contained in sub-

    section (1), in case of land acquisition
    proceedings initiated under the Land Acquisition
    Act, 1894
    (1 of 1894),where an award under the
    said section 11 has been made five years or more
    prior to the commencement of this Act but the
    physical possession of the land has not been
    taken or the compensation has not been paid the
    said proceedings shall be deemed to have lapsed
    and the appropriate Government, if it so
    chooses, shall initiate the proceedings of such
    land acquisition afresh in accordance with the
    provisions of this Act:

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    Provided that where an award has been made and
    compensation in respect of a majority of land
    holdings has not been deposited in the account
    of the beneficiaries, then, all beneficiaries
    specified in the notification for acquisition
    under section 4 of the said Land Acquisition
    Act
    , shall be entitled to compensation in
    accordance with the provisions of this Act.”
    [Emphasis Supplied]

    8. In the pending writ petitions, the question that

    arose for consideration was whether, in light of the new

    statutory regime which came into force w.e.f 01.01.2014,

    the respondent-landowners were entitled to be paid

    compensation for the acquired land in accordance with

    the provisions of the 2013 Act, with cut-off date of

    01.01.2014 or the State of Tamil Nadu was competent to

    pass an award under the old regime.

    9. It is an admitted fact that despite notification

    under Section 3(2) of the 1997 Act having been made in

    2009, no award could be passed before 01.01.2014. It is

    true that interim orders came to be passed sometime in

    2012-2013, but considerable time had lapsed between

    issuance of notification under Section 3 of the 1997 Act

    and such interim orders and no award had been made in

    the meantime. It is no longer res integra that after the

    2013 Act came into force, the pending acquisition

    processes, where an award was yet to be passed, were

    required to be completed under Section 24(1)(a) of the

    2013 Act and the award was required to be passed in such

    cases based on the market value of the land as on

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    01.01.2014. This is precisely what the High Court has

    done in the instant case.

    10. We may hasten to add that in view of Section 7(6) of

    the 1997 Act (State Act), the expression ‘Land

    Acquisition Act, 1894’ shall be deemed to have been

    substituted by the ‘Right to Fair Compensation and

    Transparency in Land Acquisition, Rehabilitation and

    Resettlement Act, 2013’ as the emphasis made by State

    Legislation is on the ‘Central Act’. There is no quarrel

    that at the time the award came to be passed, the

    Central Act in force governing the acquisition of land

    was the 2013 Act.

    11. In this view of the matter, we find that the High

    Court has not committed any error in holding that the

    respondent-landowners are entitled to be paid

    compensation in accordance with the provisions of the

    2013 Act based on the market value to be determined as

    on 01.01.2014.

    12. For the reasons aforesaid, the appeals are

    dismissed. The appellants are directed to proceed in

    accordance with law.

    13. However, if the State of Tamil Nadu finds that the

    acquisition will not be viable in public interest on

    account of the alleged excessive payment of compensation

    under the 2013 Act, they shall be at liberty to release

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    the subject land from acquisition and restore the same

    to the landowners free from all encumbrances. An

    appropriate decision in this regard shall be taken

    within eight weeks.

    ……………………..CJI.
    (SURYA KANT)

    ……………………….J.
    (JOYMALYA BAGCHI)

    ……………………….J.
    (V. MOHANA)

    NEW DELHI;

    JULY 27, 2026
    
    
    
    
                                      7
    ITEM NO.22               COURT NO.1                 SECTION XII
    
                   S U P R E M E C O U R T O F     I N D I A
                           RECORD OF PROCEEDINGS
    
    

    Petition(s) for Special Leave to Appeal (C) No(s).10230/2023

    [Arising out of impugned final judgment and order dated 17-10-2022
    in WP No.7550/2012 passed by the High Court of Judicature at
    Madras]

    THE CHAIRMAN AND MANAGING DIRECTOR, STATE INDUSTRIES
    PROMOTION CORPORATION OF TAMIL NADU LTD. Petitioner(s)

    VERSUS

    D. VIJAYKUMAR & ORS. Respondent(s)

    IA No. 47391/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 47388/2023 – EXEMPTION FROM FILING O.T., IA
    No.304276/2025 – MODIFICATION OF COURT ORDER, IA No. 66843/2023 –
    PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

    WITH
    SLP(C) No. 10233/2023 (XII)
    IA No. 42064/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 42065/2023 – EXEMPTION FROM FILING O.T.

    SLP(C) No. 10234/2023 (XII)
    IA No. 79222/2025 – APPROPRIATE ORDERS/DIRECTIONS, IA No.44870/2023

    – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

    SLP(C) No. 6363-6424/2023 (XII)
    IA No. 48427/2025 – APPROPRIATE ORDERS/DIRECTIONS

    SLP(C) No. 10231/2023 (XII)
    IA No. 51565/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 66863/2023 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    SLP(C) No. 10235-10236/2023 (XII)
    IA No. 54199/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 63175/2023 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    SLP(C) No. 10239-10325/2023 (XII)
    IA No. 81630/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT

    SLP(C) No. 10327-10328/2023 (XII)
    IA No. 75575/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 75577/2023 – EXEMPTION FROM FILING O.T., IA
    No.87274/2023 – PERMISSION TO FILE ADDITIONAL

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    DOCUMENTS/FACTS/ANNEXURES

    SLP(C) No. 22770-22856/2025 (XII)
    IA No. 95269/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT

    Diary No(s). 42231/2026 (XII)
    IA No. 205209/2026 – CONDONATION OF DELAY IN FILING, IA
    No.205210/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 205211/2026 – EXEMPTION FROM FILING O.T., IA
    No.205212/2026 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Diary No(s). 42219/2026 (XII)
    IA No. 204058/2026 – CONDONATION OF DELAY IN FILING, IA
    No.204060/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT, IA No. 204068/2026 – EXEMPTION FROM FILING O.T., IA
    No.204064/2026 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 27-07-2026 These matters were called on for hearing today.

    CORAM : HON’BLE THE CHIEF JUSTICE
    HON’BLE MR. JUSTICE JOYMALYA BAGCHI
    HON’BLE MRS. JUSTICE V. MOHANA

    For Petitioner(s) :Mr. Sabarish Subramanian, AOR

    Dr. Abhishek Manu Singhvi, Sr. Adv.
    Mr. Prashanto Chandra Sen, A.A.G.
    Ms. Vrinda Bhandari, AOR
    Ms. Vanshita Gupta, Adv.

    Ms. Rajlakshmi Singh, Adv.

    Ms. Purnima Krishna, AOR

    For Respondent(s) :Mr. K. S. Mahadevan, Adv.

    Ms. Swati Bansal, Adv.

    Mr. R. Rangarajan, Adv.

    Mr. Aravind Gopinathan, Adv.

    Mr. R. Rajesh, Adv.

    Mr. Rajesh Kumar, AOR

    Mr. V Balachandran, Adv.

    Mr. M Rajasekar, Adv.

    Mr. S Jeevanantham, Adv.

    M/s. KSN & Co., AOR

    Mr. Arvind Nayyar, Sr. Adv.

    Mr. N. Doraikanan, Adv.

    Mr. V. Balaji, Adv.

    Mr. B. Dhananjay, Adv.

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    Mr. Vinod K. Nair, Adv.

    Mr. KV Dhanapalan, Adv.

    Mr. C. Kannan, Adv.

    Ms. Vidushi Aggarwal, Adv.

    Mr. Rakesh K. Sharma, AOR
    Mr. Siddharth Naidu, Adv.

    Mr. Sabarish Subramanian, AOR

    Mr. B. Arvind Srevatsa, Adv.

    Mrs. Aarthi Rajan, AOR
    Mr. S. Santanam Swaminadhan, Adv.
    Ms. Abhilasha Shrawat, Adv.

    Mr. Kartik Malhotra, Adv.

    Mr. Aman Rawat, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Delay condoned.

    2. Leave granted.

    3. The appeals are dismissed in terms of the signed order.

    4. All pending applications, if any, also stand disposed of.

    (ARJUN BISHT) (PREETHI DILEEP KUMAR)
    ASTT. REGISTRAR-cum-PS DY. REGISTRAR
    (signed order is placed on the file)

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