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Madras High CourtWP/11821/2024disposed of

M/S.Sri Devi Housing (P) Ltd v. The Arbitrator And District Collector

2024-04-30Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.11821 of 2024 M/s.Sri Devi Housing [P] Ltd., rep. by its Managing Director Mr.S.Babu Reddy having an office at W190/2, 3rd Avenue, Anna Nagar West Extension, Chennai - 600 101. .. Petitioner

Versus

1. The Arbitrator and District Collector, First Floor, Collectorate, Kancheepuram, Kanchipuram District.

2. The Competent Authority and The Special District Revenue Officer [LA], Highways, Kanchipuram.

3. The Special Tahsildar [LA], National Highway Projects, Bangalore to Chennai Expressway, Kanchipuram, Kanchipuram District.

4. The Project Director, National Highways Authorities of India, PIU Knacheepuram, No.DP 34, Sri Towers, South Phase, Third Floor, Guindy, Chennai - 600 032. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the appeals dated 14.02.2023 by the petitioner in pursuance to the 1/5

compensation proceedings Rc.19 / 2014 / BCE / Unit -III dated 17.12.2012 on the file of second respondent.

For Petitioner : Ms.N.Beulah John Selvaraj For Respondents : Mr.S.Arumugham Government Advocate - R1 & R3 Mr.Su.Srinivasan - R2 & R4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first respondent to dispose of the appeals dated 14.02.2023 filed by the petitioner in pursuance to the compensation proceedings Rc.19 / 2014 / BCE / Unit -III dated 07.12.2012 on the file of second respondent.

3. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the land of the petitioner has been acquired by the Government for Bangalore Chennai Expressway and 2/5

compensation has also been awarded. Challenging the same, the petitioner has filed appeals before the first respondent as per Section 3G[5] of the National Highways Act 1956. The grievance of the petitioner is that no enquiry has been conducted and the appeals are pending without any progress. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the first respondent to dispose of the appeals filed by the petitioner dated 14.02.2023 and pass Orders on the same in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 30.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No 3/5

To,

1. The Arbitrator and District Collector, First Floor, Collectorate, Kancheepuram, Kanchipuram District.

2. The Competent Authority and The Special District Revenue Office [LA], Highways, Kanchipuram.

3. The Special Tahsildar [LA], National Highway Projects, Bangalore to Chennai Expressway, Kanchipuram, Kanchipuram District.

4. The Project Director, National Highways Authorities of India, PIU Knacheepuram, No.DP 34, Sri Towers, South Phase, Third Floor, Guindy, Chennai - 600 032. 4/5

N. SATHISH KUMAR , J.

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