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Madras High CourtWA/2610/2023disposed of

The Project Director v. D. Nagarathinammal

2023-09-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Project Director National Highways Authority of India Project Implementation Unit - Chennai "Sri Towers", 3rd Floor, DP-34 (SP) Industrial Estate, Guindy Chennai - 600 032.

..

Appellant in all W.As Vs.

1. D.Nagarathinammal

2. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205 No.3&4, Lal Bagadhur Sasthiri St Periyakuppam Railway Station (Near) Thulasi Theatre Respondents in Thiruvallur - 602 001.

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W.A.No.2610 of 2023

1. S.Babu

2. The District Collector Namakkal District, Namakkal.

3. The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Respondents in Thummankurichi, Namakkal.

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W.A.No.2608 of 2023

1. J.Banumathi

2. The Arbitrator & District Collector Thiruvallur District.

3. The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Respondents in Thiruvallur - 602 001.

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W.A.No.2595 of 2023 Prayer in W.A.No.2610 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.14768 of 2021 dated 16.11.2021;

Prayer in W.A.No.2608 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.744 of 2021 dated 04.10.2021;

Prayer in W.A.No.2595 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.193 of 2022 dated 24.01.2022.

For the Appellant : Mr.S.Srinivasan For the Respondents in W.A.No.2610 of 2023 : Ms.M.F.Shabana for R1 Mrs.R.Anitha Special Government Pleader for R2

For the Respondents in W.A.Nos.2608 & 2595 of 2023 : Ms.M.F.Shabana for R1 Mrs.R.Anitha Special Government Pleader for R2 & R3 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) Heard Mr.S.Srinivasan, learned counsel for the appellant in all the writ appeals, Ms.M.F.Shabana, learned counsel appearing for the private respondents in all the appeals and Mrs.R.Anitha, learned Special Government Pleader, appearing for the official respondents in all appeals.

2. We have disposed of a batch of writ appeals in W.A.No.1970 of 2023 & etc. batch vide order dated 23.08.2023, which is similar to these present appeals.

3. In view of that, we follow the same course in these appeals:

(i) The appellant shall deposit 50% of the compensation amount with the concerned Court within a period of ten weeks from today;

(ii) The original petitioners are at liberty to apply for the withdrawal of the said amount, which application shall be considered by the concerned District Judge, on its own merits and after hearing all parties concerned, appropriate orders shall be passed; (iii) The present appellant may also seek further orders on the stay petition before the learned District Judge;

(iv) Depending upon the order, that may be passed by the learned District Judge on the application of the original petitioners for withdrawal of the amount, further steps may be taken with regard to the amount, if lying in the Court, such as to invest the

same in a Nationalised Bank or otherwise;

(v) Considering the huge amount involved, the learned District Judge, with whom the application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending, may endeavour to decide the application under Section 34 of the Arbitration and Conciliation Act, 1996 expeditiously.

4. With these observations, these writ appeals stand disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.22018, 22011 & 21949 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 21.09.2023 Index : Yes/No drm

To

1. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205 No.3&4, Lal Bagadhur Sasthiri St Periyakuppam Railway Station (Near) Thulasi Theatre Thiruvallur - 602 001.

2. The District Collector Namakkal District, Namakkal.

3. The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Thummankurichi, Namakkal.

4. The Arbitrator & District Collector Thiruvallur District.

5. The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Thiruvallur - 602 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 21.09.2023