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Madras High CourtWP/14929/2018disposed of

T.Kaliselvam v. The District Collector Cum

2018-06-25Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.14929 of 2018 T.Kaliselvam

...Petitioner

Vs.

1. The District Collector cum Arbitrator, Namakkal District.

2. The Competent Authority, (NHAI) / District Revenue Officer, NH-7 & 47, Namakkal District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in relation to the impugned proceedings in Na.Ka.36896/2010/Arbitration, dated 08.05.2018, quash the same and further direct the 1st respondent to hear the claim petitions preferred by the petitioners.

For Petitioners : M/s.S.Senthil For Respondents : Mr.Akil Akbar Ali, G.A.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

2. This writ petition has been filed challenging the order of the first respondent dated 08.05.2018, rejecting the representation of the petitioner, seeking enhancement of compensation.

3. The petitioner submitted a representation to the first respondent on 02.04.2018, seeking enhancement of compensation for his lands acquired in Survey Nos.166/1 and 166/2B, measuring an extent of 1108 sq.mt. The respondent by the impugned order rejected the request of the petitioner on the ground that the application is barred by limitation.

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4. The learned counsel for the petitioner as well as the learned Government Advocate would submit that the issue involved in this writ petition is squarely covered by a decision of the Division Bench of this Court in the case of W.A.No.308 of 2016, etc. batch, dated 25.04.2018.

5. The Division Bench after quashing the impugned order, in paragraph 35 of the order, has directed the respondents to refer the claim of the petitioners in the writ petition for arbitration as contemplated under Section 3-G(5) and (6) of the National Highways Act.

6. In the light of the above decision, the order impugned in this writ petition is set aside. Accordingly, the writ petition is allowed and the respondents are directed to initiate arbitration proceedings as per the decision stated above. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector cum Arbitrator, Namakkal District.

2. The Competent Authority, (NHAI) / District Revenue Officer, NH-7 & 47, Namakkal District.

+1cc to Mr.S.Senthil Advocate Sr.No.40479 +1cc to Government Pleader SR.No.40993 sm:9.7.2018 WP.No.14929 of 2018 1/2 https://hcservices.ecourts.gov.in/hcservices/