V.M.Arumugam v. The District Collector / Arbitrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4293 of 2020 and W.M.P. No. 5086 of 2020 V.M. Arumugam ... Petitioner -vs1. The District Collector/Arbitrator Kancheepuram District, Kancheepuram.

2. The Special District Revenue Officer (LA), National Highways, Bangalore-Chennai Express way, Kancheepuram, Kancheepuram District.

3. The Project Director, National Highways Authority of India, PIU-Bangalore-(Express way), 718, 11th Cross, 20th Main, Padmanabha Nagar, Bangalore - 560070.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to consider the Arbitration Proceedings of the Petitioner submitted in February, 2019 filed under Section 3 G (5) of the National Highways Act, 1956 (Central Act 48 of 1956) and pass orders in accordance with law within a frame work fixed by this Court.

For Petitioner :

Mr. M. Rammoorthi For Respondents:

Mr. D. Raja Additional Government Pleader for R1 & R2 Mr. Su. Srinivasan Standing Counsel for R3

O R D E R

Mr. D. Raja, Learned Additional Government Pleader takes notice for the First and Second Respondent and Mr. Su. Srinivasan, Learned Standing Counsel takes notice for the Third Respondent.

2.

The Learned Additional Government Pleader appearing for the First and Second Respondents, on instructions, states that the Arbitration proceedings before the First Respondent has already commenced on 13.02.2020 and has been adjourned to 28.02.2020 after issuing notice to all parties concerned including the Petitioner for the same.

3.

The First Respondent shall ensure that there is atleast one effective hearing showing progress of the case. After affording full opportunity of hearing to all parties concerned, the First Respondent shall consider each of the contentions raised by the parties and pass reasoned orders on merits in accordance with law, and shall communicate the decision taken to the Petitioner under written acknowledgment and report of such compliance shall be filed before the Registrar (Judicial) of this Court by 31.08.2020.

4.

The Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar kv To

1. The District Collector/Arbitrator Kancheepuram District, Kancheepuram.

2. The Special District Revenue Officer (LA), National Highways, Bangalore-Chennai Express way, Kancheepuram, Kancheepuram District.

3. The Project Director, National Highways Authority of India, PIU-Bangalore-(Express way), 718, 11th Cross, 20th Main, Padmanabha Nagar, Bangalore - 560070.

+1cc to Mr.Su. Srinivasan, Advocate SR.No.15761 +1cc to Government Pleader SR.No.16696 W.P. No. 4293 of 2020 GMY(07/05/2020)