R.Ramamoorthi v. The Arbitrator Cum District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.26271, 26274, 26275, 26281 & 26284 of 2023 & W.M.P.Nos.25695, 25696, 25698, 25700 & 25705 of 2023 In W.P.No.26271 of 2023 R.Ramamoorthi ... Petitioner Vs.
1.The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.
2.Competent Authority and Special District Revenue Officer (LA), National Highways - 844, (Hosur - Royakottai - Dharmapuri section), Dharmapuri District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to pass appropriate orders on the Claim petition/representation dated 08.03.2021 & 20.03.2023 made by the petitioner under section 3G(5) of the National Highways Act, by reconsidering the Award dated 18.01.2021 and 07.08.2022 passed by the second respondent and to appoint the competent engineer to
revalue the entire house and its structures, and bore well and other amenities consist in the above said land comprised in S.No.898/A1C, New S.Nos.898/A1C land measuring 167 sq. mtrs in patta No.2862, and S.No.898/A1D, new Survey No.898/A1D2, land measuring 3966 sq. mtrs. patta No.846 and S.NO.899/A1, New Survey No.899/A1 land measuring 38 sq. mtrs, in Patta No.846, Erranahalli Village and post, Palacode Taluk, Dharmapuri District and to give valuation report to enhance the compensation and to enhance the compensation in respect of the petitioner's land comprised in the above said S.Nos.
and calculate the loss of income in view of the acquisition proceedings and pay the petitioner adequate compensation by following the procedure contemplated under the section 26 to 30 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and also by following the Arbitration and Conciliation Act, 1996. For Petitioner : Mr.M.Ramesh Raja For Respondents : Mr.T.Arun Kumar, Additional Government Pleader COMMON ORDER The lands belonging to the respective petitioners had been acquired for expansion of road project by the National Highways Authority of India. It is not in dispute between the parties that separate awards have already been passed and the compensation has been determined by the original authority.
2. The learned counsel for the petitioners stated that the petitioners are not satisfied with the valuation of the lands fixed by the authorities, and thus, the petitioners preferred an appeal before the Arbitrator under Section 3-G(5) of the National Highways Act, 1956.
3. The learned counsel for the petitioners mainly contended that the valuation of the buildings possessed by the petitioners had not been properly conducted and it was undervalued and therefore, before demolition, revaluation is to be conducted and accordingly, compensation is to be determined.
4. The learned counsel for the petitioners state that in the batch of writ petitions, this Court directed for revaluation of the buildings already acquired, in W.P.No.27412 of 2021, etc., dated 22.12.2022.
5. Since the appeal is pending, this Court is not inclined to adjudicate the issues on merits. However, the first respondent Arbitrator cum District Collector, Dharmapuri District, is directed to consider and dispose of the appeal filed by the writ petitioners within a period of four (4) weeks from the
date of receipt of a copy of this order and till such time, the subject properties belonging to the petitioners need not be demolished.
6. Accordingly, the writ petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
08.09.2023 nl Index : Yes Speaking order
To 1.The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.
2.Competent Authority and Special District Revenue Officer (LA), National Highways - 844, (Hosur - Royakottai - Dharmapuri section), Dharmapuri District.
S.M.SUBRAMANIAM, J.
nl W.P.Nos. 26271, 26274, 26275, 26281 & 26284 of 2023 08.09.2023