G.Radhakrishnan v. The Arbitrator Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Radhakrishnan .. Petitioner 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 & 227, Cuddalore.

3.The General Manager (Technical), Rep. by its Project Director, National Highway (A) & 227, No.28 & 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.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to 1/5

dispose the Arbitration Petition pending on his file by considering the petitioner's representation dated 13.12.2024 and the sale deeds dated 25.01.2016 and 18.08.2016 in the light of Hon'ble Supreme Court judgment in Horrmal (Deceased) through his LRs V. State of Haryana & Ors. [Civil Appeal No.011758 of 2024 arising out of SLP (C) No.7963 of 2023], on 21st October, 2024.

For Petitioner :

Mr.V.Neethidurai For RR 1, 2 & 4 :

Mr.A.Selvendran Special Government Pleader For R3 :

Mrs.S.R.Sumathy Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 1st respondent to dispose of the petition filed by the petitioner under Section 3G(5) of the National Highways Act based on the sale deeds and the judgment relied upon by the petitioner within a time frame fixed by this Court.

2.Heard the learned counsel for the petitioner, learned Special Government Pleader for respondents 1, 2 & 4 and the learned Standing Counsel for the 3rd respondent.

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3.The petitioner is aggrieved by the quantum of compensation that was fixed by the competent authority namely the 2nd respondent. Hence, he has filed an arbitration petition before the 1st respondent seeking for enhancement of compensation. While doing so, the petitioner also relied upon the judgment of the Hon'ble Supreme Court and the grievance of the petitioner is that till date, no orders have been passed in the petition filed by the petitioner under Section 3G(5) of the National Highways Act. It is under these circumstances, the present writ petition came to be filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1st respondent to deal with the petition filed by the petitioner under Section 3G(5) of the National Highways Act after affording opportunity to the petitioner and the National Highways Department. The 1st respondent shall also take note of the judgment that is being relied upon by the petitioner while seeking for enhancement of compensation. 5.Final orders shall be passed within a period of twelve (12) weeks from the date of receipt of a copy of this order on its own merits and in 3/5

accordance with law.

6.In the result, this Writ Petition is disposed of with the above directions. No costs.

28.03.2025 (1/7) krk Index : Yes / No Internet : Yes / No : Yes / No 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 & 227, Cuddalore.

3.The General Manager (Technical), Rep. by its Project Director, National Highway (A) & 227, No.28 & 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.

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N.ANAND VENKATESH, J.

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