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Madras High CourtWP/12185/2019disposed of

N.Gunasekaran, v. The District Collector /

2019-04-24Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.12185 of 2019 N.Gunasekaran ... Petitioner Vs.

1.The District Collector/Arbitrator, Cuddalore District, Cuddalore.

2.The Special District Revenue Officer/ Competent Authority, (Land Acquisition), NH-227, Cuddalore, Cuddalore District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose the Statuary Appeal filed U/s.3-G(5) of National Highways Act by the petitioner on 31.12.2018 within a stipulated time as this Court may fix.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.D.Raja Additional Government Pleader

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, directing the first respondent to dispose the Statuary Appeal filed U/s.3-G(5) of National Highways Act by the petitioner on 31.12.2018 within a stipulated time as this Court may fix.

2.The learned counsel for the petitioner submitted that the petitioner is the owner of the land situated in R.S.No.147/1D3, Veerananallur Village, Kattumannarkoil Taluk, Cuddalore District, which is situated on the main road of Trichy - Chidambaram Main Road. The second respondent acquired the petitioner's land measuring an extent of 2947 Sq. Meter the above said Survey number for widening and lay down the four road

junction, in this connection the second respondent passed award in her proceedings Na.Ka.A/N.H/15/2015, dated 27.06.2018 for fixing the compensation to the tune of Rs.69.32 per Sq. Meter for R.S.No.147/1D3, eventhough the petitioner produced the documents for fixation of the higher compensation, but the same has not been considered by the second respondent. Aggrieved by the award passed by the second respondent, the petitioner preferred an Appeal under Section 3-G(5) of National Highways Act before the first respondent on 31.12.2018 and made request to consider the petitioner's Appeal by way of Arbitration by invoking under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), but till today no order has been passed. Therefore, the present writ petition is filed to dispose of the writ petition, within the time prescribed by this Court.

3.The learned Additional Government Pleader appearing for the respondents has submitted that the appeal filed by the petitioner will be disposed of by the first respondent in accordance with law.

4.Considering the above submission made, without expressing any opinion as to the merits of the contentions raised by the writ petitioner in this writ petition, this Court is inclined to direct the first respondent to dispose of the petitioner's appeal on merits and in accordance with law, after affording an opportunity to the petitioner, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ah To 1.The District Collector/Arbitrator, Cuddalore District, Cuddalore.

2.The Special District Revenue Officer/ Competent Authority, (Land Acquisition), NH-227, Cuddalore, Cuddalore District.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.39793 +1cc to the Government Pleader, S.R.No. 39889 W.P.No.12185 of 2019 PP(CO) GN(30/05/2019)