T.M.Nataraja Reddy, v. The Project Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:19-07-2016
CORAM
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN WRIT PETITION No.24452 of 2016 T.M.Nataraja Reddy ..Petitioner Vs.
1.The Project Director, National Highways Authority of India, 'Sri Tower', 3rd Floor, DP-34(SP) Industrial Estate, Guindy, Chennai-600 032.
2.The District Collector, Thiruvallur District, Thiruvallur.
3.The Competent Authority, The Special District Revenue Officer, (Land Acquisition), National Highways-205, Thiruvallur.
..Respondents Writ Petition is filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to adjudicate the unnumbered Arbitration Case No. of 2012 on merits in accordance with law in so far as the proceedings of the third respondent in Rc.No.11/2009 Unit II, dated 15.11.2011. For Petitioner : Mr.R.Jayaprakash For Respondent-1 : Mr.Jerry V.V.Sundar for M/s.P.Wilson Associates.
For Respondents-2&3 : Mr.R.M.Muthukumar, Government Advocate.
O R D E R
The petitioner is the owner of the property to an extent of 500 sq.mts. comprised in Survey No.10/18B, at No.39, Arcotkuppam Village, Tiruttani Taluk, Thiruvallur District.
2. The properties were acquired for the purpose of widening the National Highways and Award No.24 of 2011 was passed dated nil. Since the amount awarded was very meagre, the petitioner asked for reference for enhancement and filed an
application before the second respondent on 5.3.2012 and so far no order has been passed.
3. Though the Award was passed dated nil, the third respondent only called upon the petitioner to receive the amount by proceedings dated 15.11.2011 and therefore, arbitration proceedings were initiated on 5.3.2012. Till date, the proceedings have not been commenced and therefore, the petitioner has come up before this Court, seeking Writ of Mandamus, directing the second respondent to adjudicate the unnumbered arbitration case filed by the petitioner on 5.3.2012.
4. Heard Mr.R.Jayaprakash, learned counsel appearing for the petitioner, Mr.R.M.Muthukumar, learned Government Advocate appearing for the second and third respondents and Mr.Jerry V.V.Sundar, learned counsel, appearing for the first respondent, who would oppose the prayer stating that it is barred by limitation, as the arbitration proceedings have to be filed within 3 years.
5. Though Mr.R.M.Muthukumar, learned Government Advocate appearing for respondents 2 and 3, would submit that the arbitration proceedings have been barred by limitation, a perusal of the records would reveal that though the Award was passed dated nil, the third respondent, in fact, called upon the petitioner to receive the amount as per the Award only on 15.11.2011. Thereafter the petitioner filed the arbitration proceedings before the second respondent on 5.3.2012.
6. Even if time limit is not given, reasonable time has to be taken to file and prosecute the case. The time taken by the petitioner to initiate arbitration proceedings cannot be termed as very lengthy one. Therefore the arbitration proceedings have been initiated within the reasonable time. Therefore, the second respondent is directed to adjudicate the arbitration case filed by the petitioner on 5.3.2012, after hearing both the petitioner as well as the other parties, within six months from the date of receipt of a copy of this order.
7. The writ petition is disposed of with the above directions. No costs.
Svn.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To 1.The Project Director, National Highways Authority of India, 'Sri Tower', 3rd Floor, DP-34(SP) Industrial Estate, Guindy, Chennai-600 032.
2.The District Collector, Thiruvallur District, Thiruvallur.
3.The Competent Authority, The Special District Revenue Officer, (Land Acquisition), National Highways-205, Thiruvallur.
+ 1 cc to The Govt.Pleader, Sr 40826 + 1 cc to Mr.R.Jayaprakash, Advocate Sr 40678 KR/1/8/16 WP.No.24452 of 2016