P.Maheswari v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 1/12/2015 C O R AM THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.38166 of 2015 P. Maheswari ...

Petitioner Vs

1. The District Collector-cum- Arbitrator Villupuram.

2. The Competent Authority and Special District Revenue Officer (LA) NH 68 Salem Ulundurpet Four Lane Road Project Salem.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to dispose of the application of the petitioner for Arbitration dated 30/9/2009, 22/3/2013 and 16/2/2015 to enhance the compensation awarded to the petitioner herein vide the proceedings of the second respondent herein dated 17/8/2010 in his proceedings Spl.D.R.O.286/2009 (NH-68) for acquisition of land of the petitioner herein situate in Survey Nos.S.F.No.330/2A2A at Chinna Salem Village, Villupuram District.

For petitioner ...

Mr.R.Nalliyappan For respondents ...

Mr.R.Lakshmi Narayanan Additional Government Pleader

O R D E R

With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal, at the admission stage itself.

2. Heard Mr.R.Nalliyappan, learned counsel appearing for the petitioner and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. This writ petition has been filed praying to direct the first respondent to dispose of the application of the petitioner for Arbitration dated 30/9/2009, 22/3/2013 and 16/2/2015 to enhance the compensation awarded to the petitioner herein vide the proceedings of the second respondent herein dated 17/8/2010 in his proceedings Spl.D.R.O.286/2009 (NH-68) for acquisition of land of the petitioner herein situate in Survey Nos.S.F.No.330/2A2A at Chinna Salem Village, Villupuram District.

4. The petitioner, whose lands have been acquired for the purpose of National Highways, has now approached the District Collector, Arbitrator, Villupuram District, claiming enhanced compensation.

5. The petitioner had made a request for enhanced compensation and the application was submitted to the District Collector through the District Revenue Officer. Since the same was kept pending, the petitioner sent a representation to the first respondent by Speed Post on 16/2/2015, wherein he has requested to commence arbitration proceedings and enhance the compensation for the lands acquired from the petitioner in the NA - 68 project.

6. In the light of the above and if the petitioner's application is now pending before the first respondent, the first respondent is directed to consider the petitioner's application, after issuing notice to the petitioner and to all concerned, conduct an enquiry and pass an order, as expeditiously as possible, within a period of three months, from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

mvs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The District Collector-cum- Arbitrator, Villupuram.

2. The Competent Authority and Special District Revenue Officer (LA) NH 68 Salem Ulundurpet Four Lane Road Project Salem.

+ 1 cc to Mr.R.Nalliyappan, Advocate SR 65497 prk16/12 W.P.No.38166 of 2015 https://hcservices.ecourts.gov.in/hcservices/