The Project Director v. S.V.Ganesh Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.2700, 2724, 2725 & 2726 of 2023 The Project Director National Highways Authority of India Project Implementation Unit - Chennai "SRI TOWER", 3rd Floor, DP - 34(SP) Industrial Estate, Guindy Chennai - 600 032.
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Appellant in all W.As Vs.
1. S.V.Ganesh Kumar
2. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205, No.3 & 4 Lal Bagadhur Sasthiri Street Periyakuppam Railway Station, (Near) Thulasi Theatre Thiruvallur - 602 001.
3. The District Collector Office of the Thiruvallur District Collector Master Plan Complex NH 205 Chennai - Tiruttani Highway Respondents in Thiruvallur - 602 001.
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W.A.No.2700 of 2023
1. A.Balamurali
2. The Arbitrator and District Collector Tiruvallur District.
3. The Special District Revenue Officer (Land Acquisition) National Highways 205 No.3 & 4, Lal Bagadhur Sasthiri Street Periyakuppam Railway Station (Near) Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.2724 of 2023
1. S.Gopi @ Bhuvaneswari
2. The Arbitrator & District Collector Thiruvallur District.
3. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St.
Periyakuppam Railway Station (Near) Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.2725 of 2023
1. K.Gajendran
2. The Arbitrator & District Collector Tiruvallur District.
3. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St.
Periyakuppam Railway Station (Near) Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.2726 of 2023 Prayer in W.A.No.2700 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.17935 of 2021 dated 16.11.2021;
Prayer in W.A.No.2724 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.21177 of 2021 dated 16.11.2021;
Prayer in W.A.No.2725 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.24561 of 2021 dated 17.11.2021;
Prayer in W.A.No.2726 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.21261 of 2021 dated 16.11.2021.
For the Appellant in all W.As : Mr.S.Srinivasan For the Respondents in all W.As : R1 not ready in notice Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R2 & R3 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) Heard Mr.S.Srinivasan, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader appearing for respondents 2 & 3 in all writ appeals.
2. A learned Single Judge of this Court has decided a batch of writ petitions through common orders dated 16.11.2021 & 17.11.2021. The present appeals are filed against the said orders.
3. We have disposed of a batch of writ appeals in W.A.No.1970 of 2023 & etc. batch vide order dated 23.08.2023, which is similar to the present appeals.
4. In view of that, we follow the same course in the present writ appeals:
(i) The appellant shall deposit 50% of the compensation amount with the concerned Court within a period of ten weeks from today;
(ii) The original petitioners are at liberty to apply for the withdrawal of the said amount, which application shall be considered by the concerned District Judge, on its own merits and after hearing all parties
concerned, appropriate orders shall be passed; (iii) The present appellant may also seek further orders on the stay petition before the learned District Judge;
(iv) Depending upon the order, that may be passed by the learned District Judge on the application of the original petitioners for withdrawal of the amount, further steps may be taken with regard to the amount, if lying in the Court, such as to invest the same in a Nationalised Bank or otherwise.
(v) Considering the huge amount involved, the learned District Judge, with whom the application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending, may endeavour to decide the application under Section 34 of the Arbitration and Conciliation Act, 1996 expeditiously.
5. With these observations, these writ appeals stand disposed of. There will be no order as to costs. Consequently, C.M.P.Nos.22740, 22927, 22731, 22934, 22723, 22727 & 22729 of 2023 are closed.
(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index : Yes/No drm
To
1. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205, No.3 & 4 Lal Bagadhur Sasthiri Street Periyakuppam Railway Station, (Near) Thulasi Theatre Thiruvallur - 602 001.
2. The District Collector Office of the Thiruvallur District Collector Master Plan Complex NH 205 Chennai - Tiruttani Highway Thiruvallur - 602 001.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 03.10.2023