Mr.K.Ayyavu, v. The District Collector And Sol
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2018 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.2151 of 2018 and WMP.No.2676 of 2018 1.K.Ayyavu 2.Rani 3.Ramaswamy 4.Ponmalai 5.Venkatachalam
6. RASAPPAN
7. PALANIVEL
8. VENKATACHALAM
9. ELANGOVAN
10. Subramaniam
11. KALIMUTHU
12. SENGODAGOUDNER
13. NALLAIYAGOUDNER
14. JAYARAMAN
15. SRI RANGANATHAN
16. PERIYASAMY
17. PERUMAYEE
18. MR.PONNUPAIYAN @ SENGODA GOUNDER, 19 MR.RAVICHANDRAN 20 MR.SEKAR 21 MR.KUMAR 22 MR.MANIMUTHU, 23 MR.K.RAJU 24 MR.A.SENGOTTAIYAN, 25 MR.S.THENMOZHI 26 MR.S.RAMAMOORTHY 27 MR.R.SELVAM, 28 MR.SELVAM, 29 MR.S.SANTHI, 30 M. SARAVANAN 31 CHITRA 32 T. CHANDIRA 33 CHANDIRA 34 KAVITHA 35 JANAKI 36 D. AROKIAMME (VICE PRESIDENT) PRESIDENT SOCIETY CONGREGATION, SISTERS ST. JOSEPH CLUNY, FATIMA CONVENT, LINE MEDU, GUGAI, SALEM 636 006
37 THANGARAJAN 38 D. VENKATESAN 39 JAYAMANI - KAMARAJ 40 K. RAJ 41 VALARMATHI 42 R. PALANI SAMY (SECRETARY) SRI MURUGANADHA SATHU SABAI, SRI DAKSHINAMOORTHY THIRUKOIL, IRAIPANI MANDRA COMMITTEE, SRI DAKSHINAMOORTHY TEMPLE SEELANAICKENPATTY POST, SALEM 636 201 43 K. RAJU (HUF) -Vs1.The District Collector and Sole Arbitrator Salem Collectorate, Salem - 636 001.
2.The Special DRO (Land Acquisition) National Highways No.68 Ram Nagar, Swarnapuri II Gate Five Roads Salem - 636 004.
3 SPECIAL DISTRICT REVENUE OFFICE(LA), NH.7, 46 & 47, SALEM- KRISHNAGIRI DISTRICTS, KRISHNAGIRI.
... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to conduct the arbitration proceedings in respect of the acquisition of the petitioners' lands in National Highways 7 & 68 as per the representation made by the writ petitioners dated 23.07.2017, 26.07.2017, 18.09.2017, 19.09.2017 and 20.09.2017.
For Petitioners : Mr.P.B.Sampath Kumar For Respondents : Mr.Akhil Akbar Ali Government Advocate
ORDER
The only grievance of the petitioners in this case is that they were dissatisfied with the quantum of compensation awarded to them by the Competent Authority under the provisions of the National Highways Act, 1956, that they have moved the Statutory Arbitrator separately under Section 3(G)(5) of the Act. However, the District Collector/Statutory Arbitrator has not concluded the arbitral proceedings pertaining to these 43 petitioners. The petitioners submitted that on an earlier occasion in a similar batch of cases, another set of owners of land who had moved the arbitration have approached this Court
and have obtained necessary directions from this Court, based on which, the statutory arbitrator had passed his award. The petitioners seek that their case also may be decided as expeditiously as possible.
2. Mr.Akhil Akbar Ali, learned Government Advocate enters appearance for the respondents.
3. Heard both sides. The limited prayer of the petitioners is that their arbitration proceedings initiated separately, are pending with the first respondent since 2010 may be disposed of at the very earliest. This Court, therefore directs the first respondent to dispose of the arbitration proceedings pertaining to all the 43 petitioners herein, within three months from the date of receipt of a copy of this order after affording effective and meaningful hearing to the petitioners.
4. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar DS To:
1.THE DISTRICT COLLECTOR AND SOLE ARBITRATOR SALEM COLLECTORATE, SALEM - 636 001.
2.THE SPECIAL DRO (LAND ACQUISITION) NATIONAL HIGHWAYS NO.68 RAM NAGAR, SWARNAPURI II GATE FIVE ROADS SALEM - 636 004.
3 SPECIAL DISTRICT REVENUE OFFICE(LA), NH.7, 46 & 47, SALEM- KRISHNAGIRI DISTRICTS, KRISHNAGIRI.
+1cc to Mr.P.B.SAMPATHKUMAR Advocate, S.R.No. 9941 W.P.No.2151 of 2018 TR(26/02/2018)