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Madras High CourtWP/14305/2020disposed of

Sakthimohan v. The District Collector Cum Arbitrator

2020-10-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.14305 of 2020 Sakthimohan ...

Petitioner ..Vs..

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

2. The Special District Revenue Officer cum Competent Authority, Land Acquisition, Cuddalore.

3. The Special Thasildhar (LA), National Highways Authority of India, Sannathi Street, Kattumannarkoil, Cuddalore District.

4. The National Highways Authority of India (NHAI), New Delhi.

(4th respondent is suo motu impleaded as per order dated 09.10.2020 by NAVJ) ... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to take the Arbitration Petition dated 01.09.2020 filed by the petitioner for enhancement of compensation, on file and to pass orders to enhance the compensation and other statutory benefits in accordance with law for the acquired lands of the petitioner.

For Petitioner :

Mr.G.Pugazhenthi For Respondents:

Mr. M.Elumalai, Additional Government Pleader for R1 to R3

Mr.Su.Srinivasan, Standing Counsel for R4

ORDER

The National High Ways Authority of India (NHAI), New Delhi, is suo motu impleaded as the 4th respondent in this writ petition.

2.This Writ Petition has been filed for the issue of Writ of Mandamus directing the first respondent to consider the application filed by the petitioner on 01.09.2020 and pass orders within the time limit fixed by this Court. 3.Mr.M.Elumalai, learned Additional Government Pleader, takes notice for respondents 1 to 3. Mr.Su Srinivasan, learned Standing Counsel takes notice for the 4th respondent. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the application submitted by the petitioner on 01.09.2020, strictly in accordance with law after giving opportunity to the petitioner and the fourth respondent and shall pass orders within a period of four months from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all relevant documents.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. The Special District Revenue Officer cum Competent Authority, Land Acquisition, Cuddalore.

3. The Special Thasildhar (LA), National Highways Authority of India, Sannathi Street, Kattumannarkoil, Cuddalore District.

4. The National Highways Authority of India, New Delhi.

+1cc to the Government Pleader, Sr.No.33704 W.P.No.14305 of 2020 pa (co) rr ii (10/11/2020)