M.Gnanamoorthy v. The Arbitrator Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Gnanamoorthy S/o.Muniramaappa 2.Munikrishna S/o.Yellappa ... Petitioners Vs.

1.The Arbitrator cum District Collector, Krishnagiri, Krishnagiri District.

2.The Project Director, National Highways, Krishnagiri.

... Respondents [R2 suo motu impleaded as per order of this Court dated 10.03.2025] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to pass an arbitration award on the appeals / claim petitions of the petitioners dated 06.12.2024 by enhancing the compensation to the petitioners by strictly following the procedure as contemplated in sections 26 to 30 of Right of Fair Compensation under Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 within a stipulated period of time.

For Petitioners : Mr.G.M.Ananthakumar 1/4

For Respondents : Mr.P.Sathish Additional Government Pleader [R1] Mrs.S.R.Sumathy Standing Counsel [R2] *****

O R D E R

The Project Director, National Highways, Krishnagiri, is suo motu impleaded as second respondent in this writ petition.

2. Mrs.S.R.Sumathy, learned standing counsel, takes notice for the impleaded second respondent.

3. This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pass orders on the appeal/claim made by the petitioners under Section 3(G)(5) of the National Highways Act.

4. Heard Mr.G.M.Ananthakumar, learned counsel for the petitioners, Mr.P.Sathish, learned Additional Government Pleader appearing for first respondent and Mrs.S.R.Sumathy, learned Standing Counsel appearing for second respondent.

5. In the instant case, the award was passed in the case of the first petitioner on 27.07.2022 and in the case of the second petitioner on 2/4

21.09.2021. Not being satisfied with the quantum of compensation, the petitioners have filed an appeal/claim before the first respondent under Section 3(G)(5) of the National Highways Act on 06.12.2024. Since the same was not considered, the present writ petition has been filed.

6. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the first respondent to deal with the appeal made by the petitioner on its own merits and in accordance with law and pass final orders within a period of twelve (12) weeks from the date of receipt of a copy of this order after affording opportunity to the petitioners and the impleaded second respondent.

This writ petition is disposed of with the above direction. No costs.

10.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm 3/4

Note:

Registry is directed to carry out necessary amendment in all the concerned records.

To 1.The Arbitrator cum District Collector, Krishnagiri, Krishnagiri District.

2.The Project Director, National Highways, Krishnagiri.

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