V.Narendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR V.Narendran .. Petitioner
Versus
1. The District Collector, Office of the District Collectorate, Mayiladudurai - 609 001.
2. The District Revenue Officer [Special], National Highways [N.A.], 19/21, R.F.Illam, Naganathan Sannathi, Nagapattinam.
3. The Special Tahsildar [Land Acquisition], National Highways - 45A, Sirkazhi.
4. The Deputy General Manager & Projector Director, National Highway Authority of India [NHAI], No.26, 1st Floor, V.G.P.Nagar West, Vazhudhareddy Post, Villupuram - 605 401.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to initiate arbitration proceeding or award appropriate compensation in accordance with law for the land acquired by the proceedings of the third respondent in N.K. 24/ NH/ 45A/ 2016 dated 7.02.2019 and N.K.No. 163/ 1/5
N.H. 45A/ 2018 dated 31.08.2023 or make a reference to the concerned Civil Court under Section 18 of the Land Acquisition Act 1894 for fixing appropriate compensation.
For Petitioners : Mr.R.Swarnavel For Respondents :Mr.A.Selvendran, Special Government Pleader - R1 Mr.SV.Srinivasan - R2 to R4
ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed to direct the second respondent to initiate arbitration proceeding or award appropriate compensation in accordance with law for the land acquired by the proceedings of the third respondent in N.K. 24/ NH/ 45A/ 2016 dated 7.02.2019 and N.K.No. 163/ N.H. 45A/ 2018 dated 31.08.2023 or make a reference to the concerned Civil Court under Section 18 of the Land Acquisition Act 1894 for fixing appropriate compensation.
3. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record. 2/5
4. The case of the writ petitioner is that the third respondent has acquired an extent of 0.30.5 and 0.30.5 hectares of the petitioner's land vide his proceedings dated 31.08.2023 and only a meagre compensation has been paid. Therefore, the petitioner sent a representation dated 03.10.2023 and the first respondent in turn directed the second respondent to take necessary steps by his letter dated 20.10.2023. But no steps has been taken by the third respondent in this regard. Hence, the present Writ Petition.
5. Considering the limit relief sought for in the Writ Petition, the second respondent is directed to initiate arbitration proceedings under section 3[G] 5 of the National Highways Act and dispose of the representation of the petitioner dated 03.10.2023 in accordance with law within a period of two months from the date of receipt of a copy of its Order.
6. With the above directions, this Writ Petition is disposed of. No costs.
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To,
1. The District Collector, Office of the District Collectorate, Mayiladudurai - 609 001.
2. The District Revenue Officer [Special], National Highways [N.A.], 19/21, R.F.Illam, Naganathan Sannathi, Nagapattinam.
3. The Special Tahsildar [Land Acquisition], National Highways - 45A, Sirkazhi.
4. The Deputy General Manager & Projector Director, National Highway Authority of India [NHAI], No.26, 1st Floor, V.G.P.Nagar West, Vazhudhareddy Post, Villupuram - 605 401.
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N. SATHISH KUMAR , J.
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