V.Annappan v. The Arbitrator And District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.19065 of 2019 V.Annappan

...Petitioner

Vs 1.The Arbitrator & District Collector, Kancheepuram District,

2. The Competent Authority & Special Revenue Officer (Land Acquisition) (District Revenue Officer) National Highways, Kancheepuram & Trivellore Districts at Kancheepuram,

3. The Project Director, National Highways Authority of India, 3B, 34 Sree Towers, South Side, 3rd floor, Industrial Estate, Guindy, Chennai - 32.

4. Union of India, rep.by Secretary to Government, National Highways department, New Delhi.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus, praying to issue a writ of mandamus, directing the Arbitrator cum District Collector, Kancheepuram, to dispose of the petitioner's claim petition on 11.03.2019 for fixing higher compensation for his land comprised in Survey No.93/10, 94/2, 94/3 over an extent of 1 acre and 38 cents in Nemili Village, Sriperumpudur Taluk, pursuant to the proceedings of the Competent Authority / DRO (Land Acquisition Officer) in RC.No.16/2015/NH/BCF/UNION - IV dated 21.02.2019. For petitioner : Mr.M.Muthappan For respondents : Mr.D.Raja Additional Government Pleader for R1 & R2 Mr.G.Karthikeyan for R3

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the first respondent to dispose of the claim petition filed by the petitioner on 11.03.2019, wherein the petitioner has sought for enhancement of compensation fixed by the second respondent.

2. The grievance of the writ petitioner is that the lands were acquired by the National Highways and the Award was passed by the second respondent on 21.02.2019 and aggrieved by the lower compensation fixed, claim petition was filed before the first respondent and it is kept pending for more than 1 & 1⁄2 years. Therefore, the petitioner has sought for a direction to the first respondent to dispose of the claim petition within the time stipulated by this Court.

3. Heard Mr.M.Muthappan, learned counsel for the petitioner and Mr.D.Raja, learned Additional Government Pleader for R1 & R2. Mr.G.Karthikeyan learned counsel for R3.

4. Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to deal with the claim petition filed by the petitioner on 11.03.2019 in accordance with law and pass final orders 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 first respondent along with the copy of the claim petition filed on 11.03.2019 and the copy of this order.

5. Accordingly, this writ petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Pns To 1.The Arbitrator & District Collector, Kancheepuram District,

2.The Competent Authority & Special Revenue Officer (Land Acquisition) (District Revenue Officer) National Highways, Kancheepuram & Trivellore Districts at Kancheepuram,

3. The Project Director, National Highways Authority of India, 3B, 34 Sree Towers, South Side, 3rd floor, Industrial Estate, Guindy, Chennai - 32.

4.Secretary to Government, Union of India, National Highways department, New Delhi.

+1 CC to M/s. Muthappan, Advocate sr 25108 +1 CC to Govt. Pleader sr 25193.

W.P.No.19065 of 2019 KJ(CO) SP(13/08/2020)