Puttappa v. The Arbitrator Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Puttappa .. Petitioner

Versus

1.The Arbitrator cum District Collector Office of the District Collectorate Krishnagiri, Krishnagiri District 2.The Competent Authority cum DRO Land Acquisition, National Highway No.844 Krishnagiri, Krishnagiri District 3.The Special Tahsildar National Highway No.844 Krishnagiri, Krishnagiri District 4.The National Highways Authority of India Represented by its Project Director (NH 844) PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Road Krishnagiri .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to pass an arbitration award on the two appeals/claim petitions dated 20.04.2022 within a stipulated period of time by appointing competent engineers/officials for assessing the value of the land measuring an extent of 2200 Sq. Mtrs. in S.No.247/1, 1444 Sq. Mtrs. in S.No.925/2D and 385 Sq. Mtrs. in S.No 247/2 at Uddanapalli Village, Shoolagiri Taluk, Krishnagiri district and Trees 1/5

enhance and pay appropriate compensation to the petitioner by reconsidering the award dated 21.09.2021 and 10.02.2022 by strictly following the procedure contemplated under section 26 to 30 of the Right to fair compensation and Transparency in land Acquisition Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) and refix the compensation as per the provision of the Central Act 30 of 2013 within the time-frame to be fixed by this Hon'ble Court and also following the procedures contemplated under Section 18 to 27 of the Arbitration and Conciliation Act, 1996.

For Petitioner : Mr.J.Ramesh For Respondents : Mr.U.Baranidharan for R1 to R3 Additional Government Pleader Mr.Su.Srinivasan for R4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the first respondent to dispose of the appeals filed by the petitioner dated 20.04.2022.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent and perused the materials available on record.

4. The case of the petitioner is that the land of the petitioner has 2/5

been acquired by the Government for the purpose of laying Rour Way roadHosur-Rayakottai-Dharampuri and compensation has also been awarded. Challenging the same, the petitioner has filed appeals before the first respondent as per Section 3G[5] of the National Highways Act 1956. The grievance of the petitioner is that no enquiry has been conducted and the appeals are pending without any progress. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the first respondent to dispose of the appeals filed by the petitioner dated 20.04.2022 and pass orders on the same in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 02.08.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/5

N. SATHISH KUMAR , J.

dhk To, 1.The Arbitrator cum District Collector Office of the District Collectorate Krishnagiri, Krishnagiri District 2.The Competent Authority cum DRO Land Acquisition, National Highway No.844 Krishnagiri, Krishnagiri District 3.The Special Tahsildar National Highway No.844 Krishnagiri, Krishnagiri District 4.The National Highways Authority of India Represented by its Project Director (NH 844) PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Road Krishnagiri W.P.No.22305 of 2024 02.08.2024 4/5

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