M.Anuradha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Anuradha ... Petitioner vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Special District Revenue Officer (LA) (National Highways) Villupuram District, Villupuram.

3.The Special Tahsildar (LA) Unit-IV, Marakanam, Villupuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to grant enhanced compensation in accordance with law in pursuance of the representation of the petitioner dated 18.01.2024. 1/5

For Petitioner : Mr.R.Dhamodaran For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the 1st respondent to grant enhanced compensation in respect of the land acquired for widening of Puducherry-Mamallapuram NH 332A by considering petitioner's representation dated 18.01.2024.

2. It is the case of the petitioner that her property situated in S.Nos.626/3A and 626/2C1 in Marakkanam South Village, Marakkanam Taluk, Villupuram District was acquired for extension of National Highways and award amount was determined by the 2nd respondent. Not satisfied with the quantum of compensation, the petitioner filed a claim petition before the 1st respondent on 30.05.2022 seeking enhancement of the compensation. The same has not been considered. Hence, the petitioner submitted a representation dated 18.01.2024 seeking payment of enhanced compensation and the same has not been considered till date. Hence, the petitioner is before this Court.

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3. It is not in dispute that the petitioner submitted a claim petition before the 1st respondent on 30.05.2022 seeking enhancement of the compensation, as seen from the postal acknowledgement card produced in Page No.46 of the typed-set of papers. However, there is no progress in the said claim petition. The 1st respondent who is the Arbitrator is expected to complete the arbitral proceedings within the time schedule as prescribed in the provisions of Arbitration and Conciliation Act and he cannot keep the claim petition pending without any progress. Therefore, the 1st respondent is directed to complete the arbitral proceedings and pass final award on merits within a period of six months from the date of receipt of copy of this order.

4. With the above direction, the Writ Petition stands disposed of. No costs.

28.10.2024 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.The District Collector, Villupuram District, Villupuram.

2.The Special District Revenue Officer (LA) (National Highways) Villupuram District, Villupuram.

3.The Special Tahsildar (LA) Unit-IV, Marakanam, Villupuram District.

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S.SOUNTHAR, J.

dm 28.10.2024 5/5