S.Balaji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.08.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.20505 of 2019 S.Balaji .. Petitioner /versus/ 1.The District Collector, Office of the District Collectorate, Cuddalore.

2.Special District Revenue Officer-cumCompetent Authority(Land Acquisition), National Highways No.45-A, Cuddalore.

3.Special Tahsildar(Land Acquisition), National Highways Unit-1, Cuddalore.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to act as an Arbitrator as per Section 3G(5) of National Highways Act, 1956 and to resolve the dispute raised by the petitioner herein in his application dated 28.03.2018 within a stipulated time frame.

For Petitioner :Mr.D.Ravichander For Respondents :Mr.D.Raja, AGP --------

O R D E R

The petitioner herein seeks reference to the Arbitrator for adequate compensation towards the land acquired from him for Highways project. Since his application dated 28.03.2018 has not been taken up for consideration by the Arbitrator, the petitioner has forced to approach this Court.

2. After admission, the learned Additional Government Pleader appearing for the respondents has taken instruction from the respondents and reports that the representation of the petitioner dated 28.03.2018 requesting enhanced compensation for https://hcservices.ecourts.gov.in/hcservices/

his land has been taken up for consideration by the Arbitrator and enquiry by the Arbitrator is likely to commence shortly. It is also stated by the Additional Government Pleader appearing for the respondents that the arbitration proceedings will be disposed of as early as possible.

3. Recording the same, the writ petition is disposed of with a direction to the first respondent-District Collector, Cuddalore to take up the arbitration proceedings and dispose of it preferably within a period of four months from today. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ari To 1.The District Collector, Office of the District Collectorate, Cuddalore.

2.Special District Revenue Officer-cumCompetent Authority(Land Acquisition), National Highways No.45-A, Cuddalore.

3.Special Tahsildar(Land Acquisition), National Highways Unit-1, Cuddalore.

+1 cc to M/s.D.Ravichander, Advocate, S.R.No.69602 +1 cc to the Government Pleader, S.R.No.69722 W.P.No.20505 of 2019 CNR(CO) SSM(16/09/2019) https://hcservices.ecourts.gov.in/hcservices/