Madras High CourtWP/5199/2023disposed of

C.Gundappa v. The District Collector Cum Arbitrator

2023-02-22Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Mr.C.Gundappa ... Petitioner in W.P.No.5199/2023 Mrs.Rajamma ... Petitioner in W.P.No.5202/2023 -Vs1. The District Collector cum Arbitrator, Krishnagiri District.

2. The Competent Authority cum District Revenue Officer (Land Acquisition), National Highway Nos.7, 46, 66 and 844, Krishnagiri District.

... Respondents in both W.Ps.

Common Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to dispose the appeals dated 20.11.2021 and 22.10.2021 preferred against the award passed by the 2nd respondent in Na.Ka.129/2021(E1) and Na.Ka.113/2021(E1) respectively dated 20.04.2021 within the prescribed period.

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For Petitioners [in both W.Ps.] : Mr.P.Sesubalan Raja For Respondents [in both W.Ps.] : Ms.Akila Rajendran Government Advocate COMMON ORDER The prayer sought for herein is for a writ of mandamus directing the 1st respondent to dispose the appeals dated 20.11.2021 and 22.10.2021 preferred against the award passed by the 2nd respondent in Na.Ka.129/2021(E1) and Na.Ka.113/2021(E1) respectively both dated 20.04.2021 within the prescribed period.

2. As against the compensation awarded by the competent authority under the National Highways Act, 1956, the petitioners preferred appeals under Section 3-G(5) of the National Highways Act, 1956 on 20.11.2021 and 22.10.2021 before the first respondent i.e., District Collector cum Arbitrator within the meaning of the said provisions of law. However, the same has not been decided, hence, in order to decide the appeals on merits and in accordance with law at an early date preferably within a time frame, the petitioner has moved the present writ petition with the aforesaid prayer. 2/4

3. Heard Mr.P.Sesubalan Raja, learned counsel appearing for the petitioner and Ms.Akila Rajendran, learned Government Advocate appearing for the respondents.

4. Learned Government Advocate appearing for the respondents would submit that the said appeals filed is pending before the first respondent District Collector cum Arbitrator would be taken up and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Government Advocate appearing for the respondents, this Court directs the first respondent District Collector cum Arbitrator to decide the said appeals on merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order. 3/4

R. SURESH KUMAR, J.

mp With this direction, these writ petitions are disposed of. No costs. 22.02.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The District Collector cum Arbitrator, Krishnagiri District.

2. The Competent Authority cum District Revenue Officer (Land Acquisition), National Highway Nos.7, 46, 66 and 844, Krishnagiri District.

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