K.G.Murali v. National Highways Authority Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16479 of 2020 K.G.Murali ... Petitioner Vs.

1.National Highways Authority of India, ... Respondents Rep. By its Project Director, Incharge of NH 4, Thiruvallur, Thiruvallur District- 602 001.

2.The District Collector, District Collector office, Master Plan Complex,NH 205, First Floor, Collectorate, Thiruvallur District - 602 001.

3.The Competent Authority, Special District Revenue Officer (Land Acquisition) NH-4, Viding for Nerkundram Village, Having office at Tahsildar Office, 4 The Special Tahsildar, National Highways NH-$, Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioners Arbitration Application dated 06.01.2020 filed under Section 3G(5) of National Highways Act 1956.

For Petitioner : Mr.David Tyagaraj For Respondents : Mr.Su.Srinivasan R1 Standing Counsel Mr.D.Raja R2 to R4 Additional Government Pleader

ORDER

The present writ petition has been filed for the issue of a Writ of Mandamus directing the second respondent to dispose

of the Arbitration Application filed by the petitioner on 06.01.2020 under section 3G(5) of the National Highways Act, 1956, seeking for calculation of interest and for payment of the same to the petitioner.

2. Heard Mr.David Tyagaraj, learned counsel for the petitioner, Mr.Su.Srinivasan, learned Standing Counsel for the first respondent and Mr.D.Raja, learned Additional Government Pleader appearing on behalf of the respondents 2 to 4.

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 second respondent to dispose of the Arbitration application filed by the petitioner dated 06.01.2020 strictly in accordance with law after affording opportunity to the petitioner and the first respondent and pass final orders within a period of four months from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

4. This Writ Petition is disposed of with the above directions. No costs.

-Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar rli To 1.National Highways Authority of India, Rep. By its Project Director, Incharge of NH 4, Thiruvallur, Thiruvallur District- 602 001.

2.The District Collector, District Collector office, Master Plan Complex,NH 205, First Floor, Collectorate, Thiruvallur District - 602 001.

3.The Competent Authority, Special District Revenue Officer (Land Acquisition) NH-4, Viding for Nerkundram Village, Having office at Tahsildar Office,

4 The Special Tahsildar, National Highways NH-$, +2 C.C. to MR.DAVID TYAGARAJ Advocate SR.NO.37595 W.P.No.16479 of 2020 SR(CO) UM (14.12.2020)