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Madras High CourtWP/538/2024disposed of

M.Poonmani v. The District Collector

2024-01-11Honourable Mr Justice P. Velmurugan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.538 of 2024 M.Poomani ... Petitioner Vs.

1 The District Collector / Sole arbitrator, Dharmapuri District Collectorate complex, Dharmapuri 636 705.

2 The Special District Revenue Officer- Land Acquisition, National Highways 844 (Hosur Royakottai Dharmapuri section) Dharmapuri.

3 G. Damodaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent authority to initiate arbitration proceedings on the claim petition dated 24.03.2023 filed by the petitioner for fixing higher compensation for the standing / yielding coconut and sappota trees in the land in S. No. 506 / 2A2A

measuring 1183 Sq. mtrs. and S. No 509 / 1A23A measuring 2823 sq.mtrs. Virupatchipuram village, Dharmapuri Taluk, Dharmapuri District acquired from the petitioner by conducing enquiry as per section 3G (5) of the National Highways Act 1956 and the mandatory provisions of Arbitration and Conciliation Act 1996 including section 24 and also as per sections 26 to 30 of Central Act 30 of 2013 and also by appointing a competent officer under section 29 from viz Agricultural Engineer or Horticulture officer for valuation of the trees providing copies of such valuation report to the petitioner and by providing the following: i. defence statement and all documents relied upon by the second respondent and reasonable time to file a reply statement. ii. Copies of providing copies of valuation report in respect of standing crops in the said land.

Iii.Copies of all record relied upon by the second respondent for passing the award under Section 3G(1) of the National Highways Act, 1956.

iv. Strictly follow the provisions of Section 26 to 30 and procedure contemplated in First Schedule of the Central Act 30 of 2013. and thereafter pass final award by fixing the fair compensation for the standing crops, within a stipulated time.

For Petitioner : Mr.S.Thanka Sivan

For R1 & R2 : Mrs.V.Yamunadevi Special Government Pleader W.P.No. 543 of 2024 1 G. Damodaran ... petitioner Vs.

1 The District Collector / Sole arbitrator, Dharmapuri District Collectorate complex, Dharmapuri 636 705.

2 The Special District Revenue Officer- Land Acquisition, National Highways 844 (Hosur Royakottai Dharmapuri section) Dharmapuri.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of of Mandamus directing the 1st respondent authority to initiate arbitration proceedings on the claim petition dated 24.03.2023 filed by the petitioner for fixing higher compensation for the petitioners land in S. No 506/ 2A2A measuring 1185 sq.mtrs. and 509/1A2 measuring 2823 sq.trs. Virupatchipuram village Dharmapuri Taluk Dharmapuri District and for the standing crops coconut and sappota trees in the land acquired form the petitioner by conducing

enquiry as per section 3G (5) of the National Highways Act 1956 and the mandatory provisions of Arbitration and Conciliation Act 1996 including section 24 and also as per sections 26 to 30 of Central Act 30 of 2013 by providing the following:

i. defence statement and all documents relied upon by the second respondent and reasonable time to file a reply statement. ii. Copies of last three years land sales statistics in respect of the locality and revenue village in which the petitioner's land is situated, obtained form the Registration Department.

iii.Copies of all records relied upon by the second respondent for passing the award under Section 3G(1) of the National Highways Act, 1956.

iv. Strictly follow the provisions of Section 26 to 30 and procedure contemplated in First Schedule of the Central Act 30 of 2013. and thereafter pass final award by fixing the fair compensation as per the highest of the guideline value and average sale value in Virupathichipuram Village within the stipulated time. For Petitioner : Mr.S.Thanka Sivan For Respondents : Mrs.V.Yamunadevi Special Government Pleader C O M M O N O R D E R

W.P.No.538 of 2024 The Writ Petition has been filed to issue a Writ of Mandamus directing the 1st respondent authority to initiate arbitration proceedings on the claim petition dated 24.03.2023 filed by the petitioner for fixing higher compensation for the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents.

3. Since there is no adverse order passed against the private respondents/R3, notice to the private respondent is dispensed with.

4. It is submitted by the learned Special Government Pleader appearing for the official respondents that the Arbitrator/District Collector, Dharmapuri District has passed the award on 08.11.2023 itself. Hence the relief sought for by the writ petitioner has become infructuous. However, the petitioner is at liberty to work out his remedy in the manner

known to law.

W.P.No.543 of 2024

5. The Writ Petition has been filed to issue a Writ of Mandamus directing the first respondent authority to initiate arbitration proceedings on the claim petition dated 24.03.2023 filed by the petitioner for fixing higher compensation for the petitioner.

6. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

7. It is submitted by the learned Special Government Pleader appearing for the respondents that the Arbitrator/District Collector, Dharmapuri District has passed the award by following the seniority list. Since the petitioner's claim has not yet been reached, the same is pending on the file of the first respondent. Hence the Arbitrator/first respondent is directed to consider the petitioner's representation dated 24.03.2023 and after issuing notice and granting opportunity of hearing to the petitioner,

pass orders on merits and in accordance with law and also as per seniority without further delay.

8. With the abovesaid directions, the Writ Petitions are disposed of. There shall be no order as to costs.

11.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1 The District Collector / Sole arbitrator, Dharmapuri District Collectorate complex, Dharmapuri 636 705.

2 The Special District Revenue Officer- Land Acquisition, National Highways 844 (Hosur Royakottai Dharmapuri section) Dharmapuri.

P.VELMURUGAN, J.

mfa 11.01.2024