N.S.Ramesh, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2016 C O R A M THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.12674 OF 2016 N.S.Ramesh ...
Petitioner Vs.
1.The District Collector Tiruvallur District Tiruvallur.
2.The Competent Authority and Special District Revenue Officer (L.A) National Highways - 205 Tiruvallur.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent herein to dispose of the Arbitration Petition dated 06.12.2015 pending on his file, filed by the petitioner by fixing a time limit.
For Petitioner :
Mr.N.K.Sivakumar For Respondents:
Mr.J.Balagopal Additional Government Pleader
O R D E R
Heard Mr.N.K.Sivakumar, learned counsel appearing for the petitioner and Mr.J.Balagopal, learned Additional Government Pleader appearing for the respondents.
2.With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage itself.
3.The petitioner seeks for a direction to the first respondent to dispose of the Arbitration Petition dated 06.12.2015, pending on the file of the first respondent, filed by the petitioner.
4.The petitioner's land was acquired for widening of the National Highways - 205 into Four Laning from Alamelumangapuram to Pakkam Village. The petitioner was not satisfied with the compensation fixed by the Land Acquisition Officer. Therefore, he filed an Arbitration Petition before the first respondent under Section 3 G(5) 6 and 7 of the National Highways Act, 1956, dated 06.12.2015. The said petition was sent by registered post along with a covering letter from the counsel for the petitioner. 5.It is stated that the Office of the District Collector has received the said Arbitration Petition on 09.12.2015, as could be seen from the postal acknowledgment card. Since the said Arbitration Petition was not taken on file, the petitioner, through his counsel, sent a reminder on 28.01.2016, requesting the first respondent to fix a date for hearing. However, there has been no response till date. Therefore, the petitioner is before this Court.
6.If the Arbitration Petition filed by the petitioner under Section 3 G(5) 6 and 7 of the National Highways Act, 1956, is in order, then the first respondent has to consider and same and pass orders, in accordance with law. However, since the writ petition is taken up for final hearing at the admission stage itself, the aspect as to whether the Arbitration Petition is in order, is not gone into and it is for the first respondent to consider the same and pass necessary order.
7.In the light of the above, there will be a direction to the first respondent to consider the petitioner's Arbitration Petition dated 06.12.2015 filed under Section 3 G(5) 6 and 7 of the National Highways Act, 1956, followed by a reminder dated 28.01.2016 and pass orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner. This direction is subject to the condition that the Arbitration Petition filed by the petitioner seeking enhanced compensation is in order. If the Arbitration Petition is not in order, then the first respondent shall intimate the petitioner as to the deficiencies, so as to enable him to comply with the same. The above direction shall be complied with, within a period of eight weeks from the date of receipt of a copy of this order.
8.The writ petition is disposed of with the above direction. No costs.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar TK To 1.The District Collector Tiruvallur District Tiruvallur.
2.The Competent Authority and Special District Revenue Officer (L.A) National Highways - 205 Tiruvallur.
1 cc to Government Pleader, Sr. 21731 2 ccs to Mr.M.S. Subramanian, Advocate, Sr. 21227 W.P.NO.12674 OF 2016 SVI (CO) kk 25/4