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Madras High CourtWP/7262/2025disposed of

Rajasekar v. The Arbitrator Cum District Collector

2025-03-05Honourable Mr Justice N. Anand Venkatesh6 pages

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. RAJASEKAR Petitioner(s) Vs

1. The Arbitrator Cum District Collector District Collectorate, Cuddalore.

2.The Competent Authority (cum) Special District Revenue Officer (land Acquisition), National High Way 45 And 227, Cuddalore 3.The General Manager (Technical) Rep By its Project Director, National Highways (A) & 227, No.28 and 29, 1st Cross Street, Ganapathy Nagar, Arumparthapuram, Puducherry- 605 110.

4.The Special Tahsildar (Land Acquisition) National Highways -45-A, Unit I,

2/6 64, Seetharam Nagar, 3rd Cross, Pudupalayam, Cuddalore- 607 001.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose the Arbitration petition Pending on his file by considering the representation of the petitioner dated 13. 12.2024 and the sale deeds dated 25.01.2016 and 18.08.2016 in the light of Hon'ble Supreme Court judgement in Horrmal (Deceased) through his LRs V. State of Haryana and Ors. (Civil Appeal No. 011758 of 2024 arising out of SLP (C) No.7963 of 2023], on 21st October , 2024 For Petitioner(s):

Mr.V.Neethidurai For Respondent(s):

Mr.M.R.Gokul Krishnan, Additional Government Pleader for R1, R2 and R4 Mrs.S.R.Sumathy, Standing Counsel for R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to deal with the appeal filed by the petitioner under Section 3G(5) of the National Highways Act and to dispose of the same within the time frame fixed by this Court.

3/6 2.Heard Mr.V.Needhidurai, learned counsel appearing on behalf of the petitioner, Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing on behalf of respondents 1, 2 & 4 and Mrs.S.R.Sumathy, learned Standing Counsel appearing on behalf of the 3 rd respondent.

3.The petitioner was the owner of the subject property and the same was acquired under the National Highways Act through a notification dated 08.12.2018. The 2 nd respondent passed the Award through proceedings dated 28.07.2021 and the land value was fixed at Rs.1,185/- per Square Meter. Aggrieved by the same, the petitioner filed an appeal before the 1 st respondent under Section 3G(5) of the National Highways Act on 20.06.2022. Thereafter, there was no progress and it is under these circumstances, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 1 st respondent to deal with the appeal filed by the petitioner on 20.06.2022,

4/6 on its own merits and in accordance with law after affording an opportunity to the petitioner and pass final orders, within a period of three months from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Arbitrator Cum District Collector District Collectorate, Cuddalore.

2.The Competent Authority (cum) Special District Revenue Officer (land Acquisition), National High Way 45 And 227, Cuddalore 3.The General Manager (Technical) Rep By its Project Director, National Highways (A) & 227, No.28 and 29, 1st Cross Street, Ganapathy Nagar, Arumparthapuram, Puducherry- 605 110.

4.The Special Tahsildar (Land Acquisition) National Highways -45-A, Unit I, 64, Seetharam Nagar, 3rd Cross, Pudupalayam, Cuddalore- 607 001.

6/6 N.ANAND VENKATESH J.

ssr 05-03-2025