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Madras High CourtWP/6582/2021disposed of

S.Gajendran v. The Project Director

2021-03-15Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SESHASAYEE W.P.No.6582 of 2021 S.Gajendran

...Petitioner

-Vs1.The Project Director, National Highways Authority of India, Project Implementation Unit, "SRI Tower", 3rd Floor, DP-34 (SP), Industrial Estate, Guindy, Chennai 600 032.

2.The Special District Revenue Officer (L.A) National Highways - 205, Nos.3 & 4, Lal Baghadur Shastri Street, Near Periakuppam Railway Station, Thiruvallur 602 001.

3.The Arbitrator cum District Collector, Thiruvallur District, Thiruvallur.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the representation dated 10.02.2021 and disburse the difference compensation amount together with interest at the rate of 9% per annum for the period from the date of taking possession of the land under Section 3(D) of the National Highways Act, 1956 till the date of actual deposit as determined and ordered by the second respondent in his order in proceedings vide R.C.No.8525/2015/F2/Arbt dated 09.08.2018, within the time stipulated by this Court.

For Petitioner : Mr.S.B.Viswanathan For Respondents : Mr.D.Raja, AGP for RR2 & 3 Mr.Su.Srinivasan, for R1

ORDER

This Writ Petition is filed for a writ of Mandamus, to direct the 1st respondent to consider the representation dated 10.02.2021 and disburse the difference compensation amount together with interest at the rate of 9% per annum for the https://hcservices.ecourts.gov.in/hcservices/

period from the date of taking possession of the land under Section 3(D) of the National Highways Act, 1956 till the date of actual deposit as determined and ordered by the second respondent in his order in proceedings Vide R.C.No.8525/2015/F2/Arbt dated 09.08.2018, within the time stipulated by this Court.

2. Mr.D.Raja, learned Additional Government Pleader submitted that the compensation amount could be disbursed after the conclusion of the General Elections, 2021, since all the officials are engaged in the General Election related responsibilities.

3. Such statement of the learned Additional Government Pleader is noted. He however admitted that the compensation amount payable to the petitioner indeed has been enhanced. Such statement is also recorded.

4. The Land Acquisition Authority is now directed to disburse the amount to the petitioner within a period of eight weeks after 02.05.2021 (after the conclusion of General Elections 2021).

5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gsk To 1.The Project Director, National Highways Authority of India, Project Implementation Unit, "SRI Tower", 3rd Floor, DP-34 (SP), Industrial Estate, Guindy, Chennai 600 032.

2.The Special District Revenue Officer (L.A) National Highways - 205, Nos.3 & 4, Lal Baghadur Shastri Street, Near Periakuppam Railway Station, Thiruvallur 602 001.

3.The Arbitrator cum District Collector, Thiruvallur District,Thiruvallur.

+1cc to Mr.S.B.Viswanathan, Advocate SR.No. 16559 +1 cc to Government Pleader Sr.No. 16715 W.P.No.6582 of 2021 A.SK(09.04.2021) https://hcservices.ecourts.gov.in/hcservices/