M.Viswanathan v. National Highways Authority Of India (Nhai)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.11.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15672 of 2020 & W.M.P.No.19514 of 2020 M.Viswanathan ..Petitioner .Vs.
1. National Highways Authority of India (NHAI) Rep by its Chairman No.G-5&6, Sector-10, Dwarka New Delhi-110075
2. The Project Director National Highways Authority of India (NHAI) (Ministry of Road Transport & Highways) No.54, First Floor, Natarajapuram North Colony, Medical College Road Thanjavur-613 004
3. The District Collector Collectorate Ariyalur-621704 Ariyalur District
4. The Competent Authority District Revenue Officer (Land Acquisition) National Highways-45C Collectorate, Ariyalur-621704 Ariyalur District
5. The Special Tahsildar (LA) National Highways-45C Unit-I, Jeyankondam Vikravandi-Kumbakonam-Thanjavur Section Ariyalur District ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to consider the grievances of the petitioner in the Arbitration petition dated 05.10.2020 filed by
him regarding grant of compensation for land and tiled superstructure and left out land 4 Sq.m in accordance with the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as amended by Tamilnadu Act 1 of 2015 for the acquired lands in Nanjai Survey No.85/6A and housing site comprised in Survey No.90/1 and of Thazhuthazhaimedu Village, Udayarpalayam Talu, Ariyalur District for formation of two laning with paved shoulders of National Highway No.45C regarding the project namely VikravandiKumbakonam-Thanjavur Section of NH45C. For Petitioner : Mr.S.Giritharan For Respondents: Mr.Su.Srinivasan, for R1 and 2 Ananda Moorthi, Addl.Govt.Pleader for R3 to 5
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 3rd respondents to complete the Arbitration proceedings initiated by the petitioner on 06.10.2020 within the time limit stipulated by this Court.
2. Heard Mr.S.Giritharan, learned counsel appearing for the petitioner, Mr.Su.Srinivasan, learned counsel appearing for the respondents 1 and 2 and Mr.AnandaMoorthi, learned Additional Government Pleader appearing for the respondents 3 to 5.
3. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the petition filed by the petitioner on 06.10.2020, wherein he has sought for enhancement of compensation and shall pass final orders strictly in accordance with law within a period of six months from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with all the relevant documents and also a copy of this order.
This writ petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To
1. The Chairman National Highways Authority of India (NHAI) No.G-5&6, Sector-10, Dwarka New Delhi-110075
2. The Project Director National Highways Authority of India (NHAI) (Ministry of Road Transport & Highways) No.54, First Floor, Natarajapuram North Colony, Medical College Road,Thanjavur-613 004
3. The District Collector Collectorate. Ariyalur-621704 Ariyalur District
4. The Competent Authority District Revenue Officer (Land Acquisition) National Highways-45C Collectorate, Ariyalur-621704 Ariyalur District
5. The Special Tahsildar (LA) National Highways-45C Unit-I, Jeyankondam Vikravandi-Kumbakonam-Thanjavur Section Ariyalur District.
+1cc to Mr.S.Giritharan, Advocate, SR.No.36113 W.P.No.15672 of 2020 & W.M.P.No.19514 of 2020 rr ii (04/12/2020)