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Madras High CourtWP/16441/2024disposed of

Mg.Sivasankar v. The Arbitrator Cum District Collector

2024-06-27Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16441 of 2024 M.G.Sivasankar .. Petitioner

Versus

1. The Arbitrator cum District Collector, Collectorate Office, Krishnagiri District, Krishnagiri.

2. The Competent Authority / Special District Revenue Office - Land Acquisition, National Highways - 844, Hosur - R0yakottai - Dharmapuri Section, Dharmapuri.

3. The Project Director, National High Ways Authority of India PIU-Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass appropriate orders on the appeal petition dated 13.05.2024 by revaluation and Remeasurement of petitioners superstructure situated in S. No 191/3A to an extent of 0045 sq. meters at Mathigiri Village, Hosur Taluk and to refix the compensation as per the provisions of the central Act 20of 2013 within the time frame to be fixed by this Court.

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For Petitioner : Mr.S.C.Viswanath For Respondents : Mr.A.Selvendran Special Government Pleader - R1 Mr.Su.Srinivasan - R2 & R3

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 respondents to pass appropriate orders on the appeal petition dated 13.05.2024 by revaluation and Remeasurement of petitioners superstructure situated in S. No 191/3A to an extent of 0045 sq. meters at Mathigiri Village, Hosur Taluk and to refix the compensation as per the provisions of the central Act 20 of 2013 within the time frame to be fixed by this Court.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the second and third respondents and perused the materials available on record.

4. It is the case of the petitioner that the land of the petitioner was 2/5

acquired by the respondents for formation of NH 844. The grievance of the petitioner is that the floor superstructure in the land of the petitioner including commercial shops were not properly valued before fixing the compensation. In this regard, the petitioner has filed an appeal petition before the first respondent. But the same is pending without any progress. Hence, the present Writ Petition has been filed.

5. Considering the limited relief sought for by the petitioner, the first respondent is directed to dispose of the appeal petition filed by the petitioner on 13.05.2024 on merits and in accordance with law within a period of the two months from the date of receipt of a copy of this Order. It is made clear that the petitioner shall not be dispossessed till the disposal of the appeal.

6. With the above direction, this writ petition is disposed of. No costs. 27.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To, 3/5

1. The Arbitrator cum District Collector, Collectorate Office, Krishnagiri District, Krishnagiri.

2. The Competent Authority / Special District Revenue Office - Land Acquisition, National Highways - 844, Hosur - R0yakottai - Dharmapuri Section, Dharmapuri.

3. The Project Director, National High Ways Authority of India PIU-Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District.

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N. SATHISH KUMAR , J.

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