D.Kannan v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.9047 OF 2018 D.Kannan ... Petitioner -Vs1. The District Collector-cum-Arbitrator, Collectorate Complex, Villupuram District, Villupuram.

2. The Competent Authority-cum-Special District Revenue Officer, (National Highways - 66), Collectorate Complex, Villupuram District, Villupuram.

3. The Project Director, Project for Implementation Unit, NHAI, Villupuram.

(R3-Suomoto impleaded as per order dated 13.04.2018 by MKKSJ in W.P.No.9047 of 2018.) ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to compute and make immediate payment of compensation for petitioner's acquired lands in Villupuram District, Tindivanam Taluk, Gidangal Village, S.No.96 measuring 00542 Sq.M. S.No.10/18 measuring 00580 Sq.M.12/2 measuring 00359 Sq.M.12/3 measuring 00670 Sa.M, acquired towards NH-66, in line with compensation rate of Rs.2068 per Sq.Mt in addition with 30% enhanced compensation and 10% of incentive amount together with interest @ 9% from the date of Section 3(D)1 Notification till the date of payment as refixed by the 1st respondent herein vide his proceedings in Na.Ka.(Arbit) A2/17677/2015 dated 09.09.2016, without prejudice to petitioner's rights in Arbitration O.P.No. Of 2017, on the file of Principal District Judge, Villupuram.

For Petitioner : Mr.D.Ravichander For Respondents : Mr.D.Raja, Additional Government Pleader for R1 & R2 Mr.Srinivasan for R3

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to compute and make payment of compensation to the petitioners for the lands acquired under the National Highways Act.

2. The learned counsel appearing on behalf of the National Highways Department submitted that the petitioners have paid the compensation amount for the two survey numbers on 21.04.2018 and 18.09.2018 during the pendency of this writ petition.

3. Recording the submissions, made by the learned counsel appearing on behalf of the third respondent, this writ petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Pns To 1.

The District Collector-cum-Arbitrator, Collectorate Complex, Villupuram District, Villupuram.

2.

The Competent Authority-cum-Special District Revenue Officer, (National Highways - 66), Collectorate Complex, Villupuram District, Villupuram.

3.

The Project Director, Project for Implementation Unit, NHAI, Villupuram.

+1cc to Mr.Srinivasan, Advocate, S.R.No.23795 +1cc to Mr.D.Ravichander, Advocate, S.R.No.23735 +1cc to the Government Pleader, S.R.No.23670 W.P.No.9047 of 2018 AD(CO) CS/17/07/2020