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Madras High CourtWP/10622/2025disposed of

Bethall Engineering Co., v. National Highways Authority Of India,

2025-04-02Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Bethall Engineering Co., Rep. by its Proprietorm Mr.S.V.Ganesh Kumar 3/68 Pallavan Nagar, Maduravoyal Chennai 600 095.

Petitioner(s) Vs 1.National Highways Authority of India, Rep By Its Project Director, Regional Office-Chennai, 5th Floor,CMRL Building, Poonamallee High Road, Koyambedu, Chennai -600 107.

2.The District Collector/Arbitrator, Tiruvallur, Master Plan Complex NH 205, Chennai-tiruttani Hwy, Thiruvallur, Tamil Nadu -602 001.

3.The Competent Authority And

2/6 Special District Revenue Officer (Land Acquisition), National Highways, Kancheepuram District, Collectoate, Kancheepuram District - 631501.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Second Respondent to dispose of the arbitration application dated 07.08.2023 sent by registered post received by the second respondent on 08.08.2023 for enhanced compensation under section 3G(5) of the National Highways Act, 1956 as amended within time frame for the lands acquired in Survey No.5/3A2 measuring an extent of 68 Sq.mtrs at Vanagaram Village, Ambattur Taluk, Thiruvallur District. For Petitioner(s):

Mr.R.Vinoth Kumar For Respondent(s):

Mr.Su.Srinivasan Standing Counsel for R1 Mr.A.Selvendran Special Government Pleader for R2 and R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to pass orders in the petition filed by the petitioner under

3/6 Section 3G(5) of the National Highways Act, 1956, within the time frame fixed by this Court.

2.The land belonging to the petitioner was acquired by the National Highways and the 3 rd respondent conducted the enquiry and fixed the compensation. Not being satisfied with the compensation fixed by the 3 rd respondent, an appeal was filed before the 2nd respondent under Section 3G(5) of the National Highways Act, 1956. Since the same was not considered, the present writ petition has been filed before this Court. 3.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2 nd respondent to deal with the application submitted by the petitioner on 07.08.2024 after giving opportunity to the petitioner and the National Highways Authority of India and final orders shall be passed, within a period of twelve weeks from the date of receipt of copy of this order.

4/6 4.This writ petition is disposed of with the above directions. No Costs. 02-04-2025 (2/3) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.National Highways Authority of India, Rep By Its Project Director, Regional Office-Chennai, 5th Floor,CMRL Building, Poonamallee High Road, Koyambedu, Chennai -600 107.

2.The District Collector/Arbitrator, Tiruvallur, Master Plan Complex NH 205, Chennai-tiruttani Hwy, Thiruvallur, Tamil Nadu -602 001.

3.The Competent Authority And Special District Revenue Officer (Land Acquisition), National Highways, Kancheepuram District, Collectorate, Kancheepuram District - 631501.

6/6 N.ANAND VENKATESH J.

ssr 02-04-2025 (2/3)