L.Mahendiran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.Nos.863, 869 & 874 of 2023 and W.M.P.No.851 of 2023 Petitioner in L.Mahendiran ..
W.P.No.863 of 2023 Petitioner in Anbazhagan ..
W.P.No.874 of 2023 Petitioner in Asaithambi ..
W.P.No.869 of 2023 vs
1. The Secretary to Government Ministry of Road Transport & Highways Government of India National Highways Authority of India G 5 & 6, Sector-10, Dwarka New Delhi - 110 075.
2. The Arbitrator cum District Collector Collectorate Office Dharmapuri District, Dharmapuri - 15.
3. Competent Authority & Special District Revenue Officer - Land Acquisition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Dharmapuri.
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4. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri Respondents in 259/1. Salem Main Road W.P.Nos.863 & Near KAKC Petrol Bunk, Krishnagiri.
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1. The Arbitrator cum District Collector Collectorate Office Dharmapuri District, Dharmapuri - 15.
2. Competent Authority & Special District Revenue Officer - Land Acquisition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Dharmapuri.
3. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1. Salem Main Road Respondents in Near KAKC Petrol Bunk, Krishnagiri.
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W.P.No.874 of 2023 Prayer in W.P.No.863 of 2023: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to pass appropriate orders on the claim petition dated 05.01.2021, 02.10.2021 & 14.11.2022 made by the petitioner under Section 3G (5) of the National Highways Act, 1956, by reconsidering the Awards dated 23.10.2020 & 12.07.20221 passed in respect of his land measuring 35 sq.mtrs. comprised in S.No.190/1A1 & measuring 370 sq. mtrs S.No.190/1B1, covered in Patta No.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) within the time frame to be fixed by this Hon'ble Court;
Prayer in W.P.No.874 of 2023: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent authority to act upon the predecessor representation dated 09.10.2019, 19.07.2021 and representation dated 06.07.2022 and 21.11.
2022 submitted by the petitioner and follow the procedure contemplated under the Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and grant adequate opportunity to the petitioner by furnishing copies of last three years sale statistics in respect of the locality and revenue village in which the petitioner's land is situated obtained from the Registration Department and allowing the petitioner to peruse all records and filing written submissions and re-fix the compensation as per the provisions of Schedule I & II and Section 26(1) a & b of the Central Act 30 of 2013, and enhance the compensation in respect of land measuring 350 Sq. mts comprised in S.No.497/2C new S.No.497/2C covered in Patta No.
3013, Virupatchipuram Village, Dharmapuri Taluk and District, within the time frame to be fixed by this Hon'ble Court and also following the procedures contemplated under Section 18 to 27 of the Arbitration and Conciliation Act, 1996; Prayer in W.P.No.869 of 2023: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to pass appropriate orders on the claim / representation dated 06.09.2022 made by the petitioner under Section 3G (5) of the National Highways Act, by reconsidering the two awards dated 14.06.2022 passed by the Special District Revenue Officer - Land Acquisition, National Highways - 844, (Hosur - Royakottai - Dharmapuri Section) and enhance the compensation in respect of his land comprised in S.Nos.842/1, New. S.Nos.
842/1A, land measuring 157.50 Sq.mtrs., (each person) and New S.Nos.843/1B, land measuring 1125 Sq.mtrs., (each person) (total extent of 5130 Sq.mtrs) Patta No.
allowing the petitioner to peruse all records and filing written submissions and refix the compensation as per the provision of Schedule I & II and Section 26(1) a & b of the Central Act 30 of 2013 and within the time frame to be fixed by this Hon'ble Court and also following the procedures contemplated under Section 18 to 27 of the Arbitration and Conciliation Act, 1996. For Petitioners in :
Mr.R.Ramesh Raja all W.Ps For Respondents :
Mr.R.Neelakandan Additional Advocate General Assisted by Mr.Yogesh Kannadasan Special Government Pleader for respondents 2 & 3 in W.P.Nos.863 & 869 of 2023 and for respondents 1 & 2 in W.P.No.874 of 2023 Mr.A.Murugan Addl. Central Govt. Standing Counsel for respondent 1 in W.P.Nos.863 & 869 of 2023 Mr.Su.Srinivasan Standing Counsel for respondent 4 in W.P.Nos.863 & 869 of 2023 and for respondent 3 in W.P.No.874 of 2023 COMMON ORDER Since the issue raised in these writ petitions are one and the same, with the consent of the learned counsel appearing for both sides, all these writ petitions were heard together and are disposed of by this common order. 4/8
2. In all these writ petitions, invariably, the prayer sought for was to consider the appeal petitions filed by the respective petitioners under Section 3G(5) of the National Highways Act, by the District Collector-cum-Arbitrator to decide the arbitration appeals on merits and pass orders within a time frame that may be stipulated by this Court.
3. Reiterating the aforesaid, the learned counsel appearing for the petitioners seeks indulgence of this Court to give direction to that effect.
4. Heard Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.Yogesh Kannadasan, learned Special Government Pleader, who would submit that, the appeals filed under Section 3G(5) of the National Highways Act, 1956, pending before the District Collector-cum-Arbitrator would be considered and decided, on merits and in accordance with law, within a time frame that may be stipulated by this Court.
5. Considering the limited scope of the prayer sought for in this writ petition and having regard to the said submissions made by the learned Special 5/8
Government Pleader, this Court is inclined to dispose of these writ petitions with the following orders:
That there shall be a direction to the second respondent i.e, the District Collector-cum-Arbitrator in all the cases respectively to take up the respective appeals, filed by the respective petitioners under Section 3G(5) of the National Highways Act, 1956 for enhancement of compensation and decide the same, as appeal under the provisions of the arbitration Act, after giving opportunity of being heard to both the petitioner as well as the respondents within a period of twelve weeks from the date of receipt of a copy of this order.
6. With these directions, these writ petitions are disposed of. There will be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
Index: Yes/No 23.02.2023 drm 6/8
To
1. The Secretary to Government Ministry of Road Transport & Highways Government of India National Highways Authority of India G 5 & 6, Sector-10, Dwarka New Delhi - 110 075.
2. The Arbitrator cum District Collector Collectorate Office Dharmapuri District, Dharmapuri - 15.
3. Competent Authority & Special District Revenue Officer - Land Acquisition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Dharmapuri.
4. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1. Salem Main Road Near KAKC Petrol Bunk, Krishnagiri.
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R. SURESH KUMAR, J.
(drm) and W.M.P.No.851 of 2023 23.02.2023 8/8