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Madras High CourtWP/9056/2015disposed of

Mr. Venkatachalam, v. The District Collector

2015-03-30Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.9056 and 9057 of 2015 Venkatachalam ... Petitioner in W.P.No.9056 of 2015 Ravikumar ... Petitioner in W.P.No.9057 of 2015

Versus

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

2. The Special District Revenue Officer (L.A) Competent Authority, National High Ways 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 in W.P.Nos.9056 and 9057 of 2015 Writ petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent Arbitrator-cum-District Collector to conduct with an enquiry with regard to the petitioners application for enhancement of compensation under the National Highways Act, 1956 by providing reasonable opportunity to the petitioners to lead evidences and conclude the same within the time frame.

For Petitioner : Mr.D.Muthukumar For Respondents : Mr.S.Gunasekaran Govt. Advocate C O M M O N O R D E R Heard Mr.D.Muthukumar, learned counsel for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents. With consent of either side, the Writ Petitions themselves are taken up for final disposal at the admission stage.

2. The petitioners have prayed for a direction to the 1st respondent to proceed with the arbitration proceedings for enhancement of compensation for the acquisition of petitioners lands which were acquired under the National Highways Act, 1956.

3. It is seen that the petitioners representation for enhancement of compensation was considered and the 1st respondent fixed the date of arbitration on 21.01.2013 at 4.30. p.m. The petitioners are said to have appeared before the Collector and produced all the documents. However, no fresh date of hearing was given. Therefore, the petitioners along with four others submitted a representation on 12.08.2013 and since no action has been taken, the petitioners are before this Court.

4. In the light of the above, there will be a direction to the 1st respondent to consider the petitioners representation dated 12.08.2013 on merits and in accordance with law, after hearing the petitioners, after issuing notice to the respondents 2 and 3 and appropriate orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ssd

To

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

2. The Special District Revenue Officer (L.A) Competent Authority, National High Ways 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.

+2cc's to Mr.D.Muthu Kumar, Advocate, S.R.No.17580 & 17581 WP.Nos.9056 and 9057 of 2015 KK(CO) CA(08/04/2015)