V.Mahendra Babu v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2016

CORAM

THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.10429 of 2016 and W.M.P.No.9186 of 2016 V.Mahendra Babu ... Petitioner Vs.

1. The District Collector, Kancheepuram District, (Arbitrator under the National Highways Act, 1956),

2. The Competent Authority and Special District Revenue Officer (L.A) National Highways Schemes, Kancheepuram and Thiruvallur District Kancheepuram.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent herein to pass final orders on the Arbitration Petition filed by the petitioner under the National Highways Act 1956 on 24.03.2008.

For Petitioner : Mr.K.R.Tamizhmani For Respondents: Mr.R.M.Muthukumar, Addl.Govt.Pleader

O R D E R

It is an unfortunate case, where the petitioner's land in S.No.4/1 of Sandavelor village, Sriperumpudur Taluk having been taken over and a meagre compensation having been paid to the petitioner in 2007, the petitioner exercised his right to claim enhanced compensation by filing a application before the 1st respondent under Section 3G(5) and 16 of the National Highways Act, 1956 on 24.3.2008. Till date, there has been no progress in the matter and the application of the petitioner is kept pending. The petitioner sought information under the Right to Information Act and he has been informed that the petition is still pending. There is evidence to show that the petition filed before the 1st respondent has been received by the office of the 1st respondent on 24.3.2008 as evident from seal and

signature affixed by the Tapal Clerk, Collectorate, Kancheepuram.

2. If there has been inaction on the part of the 1st respondent from 2008 for no valid reason, then the same has to be deprecated. The learned counsel for the petitioner submitted that a time frame may be fixed by this Court for the 1st respondent to initiate the arbitration proceedings and hear the parties and finalise the same within a time frame. The learned Government Advocate appearing for the respondents submitted that reasonable time may be granted to the 1st respondent to take a decision in the matter

3. In the light of the above, there will be a direction to the 1st respondent to initiate arbitration proceedings in respect of the claim of the petitioner for enhancement of compensation within a period of six weeks from the date of receipt of a copy of this order. Thereafter the 1st respondent shall hear the parties viz., the petitioner, the 2nd respondent as well as the Project Director of the National High Ways Department, consider the documents placed by the petitioner and thereafter pass final orders on merits and in accordance with law within a period of ten weeks from the date on which the personal hearing is concluded.

4. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar usk To

1. The District Collector, Kancheepuram District, (Arbitrator under the National Highways Act, 1956),

2. The Competent Authority and Special District Revenue Officer (L.A) National Highways Schemes, Kancheepuram and Thiruvallur District Kancheepuram.

3.The Project Director National Highways Department, Kancheepuram +1 cc to Mr.K.R.Thamizhmani Advocate sr.17747 +1 cc Government pleader sr.18087 W.P.No.10429 of 2016 aa31/03/2016