Madras High CourtWP/4283/2015disposed of

A.Ayyamperumal v. The District Collector-Cum-

2015-02-19Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.4283 of 2015 A.Ayyamperumal ... Petitioner Vs

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

2. The Special District Revenue officer (L.A) Competent Authority, National Highways No.68, Door No.3B/8, Ram Nagar Road, Swarnapuri (2nd gate) Salem - 636 004

3. The Project Director, National Highways Authority of India, No.212-3/D3-1, Sri Nagar Colony, Narasothipatti, Salem - 636 004 ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 26.07.2010 and thereby initiating the proceedings for enhancement of compensation under Section 3G(5)(6) of the National Highways Act, 1956 by providing reasonable opportunity to lead oral and documentary evidences to the petitioner and conclude the proceedings within the prescribed time limit. For Petitioner :

Mr.D.Muthukumar For Respondents :

Mr.M.L.Mahendran Government Advocate

O R D E R

Heard Mr.D.Muthukumar, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for the respondents. With the consent of either side, the Writ Petition itself is taken up for final disposal. 2.The land belonging to the petitioner was acquired and an award was passed on 30.03.2010 and 31.08.2010. The petitioner made an application for enhancement of compensation. Under Section 3-G of the Act, the District Collector is obliged to arbitrate. He has not done so. Hence the Writ Petition.

3. In view of the above, the Writ Petition is disposed of, directing the 1st respondent to initiate arbitration proceedings in accordance with Section 3-G of the National Highways Act, 1956, afford an opportunity to the petitioner to lead evidence, both oral and documentary and thereby, pass a reasoned award within a total period of four months from the date of receipt of copy of this order. No costs.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

SSD To

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

2. The Special District Revenue officer (L.A) Competent Authority, National Highways No.68, Door No.3B/8, Ram Nagar Road, Swarnapuri (2nd gate) Salem - 636 004

3. The Project Director, National Highways Authority of India, No.212-3/D3-1, Sri Nagar Colony, Narasothipatti, Salem - 636 004 +1cc to Mr.D.Muthu Kumar, Advocate, S.R.No.9207 +1cc to the Government Pleader, S.R.No.9423 W.P.No.4283 of 2015 RV(CO) CA(03/03/2015)