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Madras High CourtWP/10806/2023dismissed

R.Pushpa, v. The Arbitrator Cum District Collector

2023-04-11Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2023

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.Nos.10746 & 10747 of 2023 R. Pushpa ... Petitioner Vs.

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

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Salem.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order issued vide ROC.No.293/2009, NH-68 dated 28.02.2013 issued by the Competent Authority and the Spl. District Revenue Officer (LA) National Highways Salem the 2nd respondent herein and Na.Ka.(Arbit)B2/23215/2013 dated 14.08.2018 issued by the Arbitrator cum District Collector, Kallakurichi District, Kallakurichi the 1st respondent herein and to quash the same and 1/4

to direct the respondents 1 and 2 herein to pass an award by refixing the compensation for the acquired lands situated at S.No.519/4 to the extent of 950 Sq.Meters at Rs.120/- per Sq.ft as per the extent guideline value and disburse the same to the petitioner with interest. For Petitioner : Mr.S.S. Jhothivani For Respondents : Mr.P. Sathish, Additional Government Pleader

ORDER

Seeking for enhancement of the compensation, the award passed in the year 2018, is put under challenge in the present Writ Petition.

2. When the Land Acquisition Act itself provides that the L.A.O.P. should be filed before the Competent Court, the present Writ Petition challenging the award, cannot be sustained.

3. Accordingly, the Writ Petition stands dismissed. No costs. Connected miscellaneous petitions are closed. 11.04.2023 Speaking/Non-speaking Order Index: Yes/No Sni 2/4

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

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Salem.

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M.S.RAMESH, J.

Sni 11.04.2023 4/4