B.R.Pavithra v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI B.R.Pavithra .. Petitioner
Versus
1. The District Collector Kancheepuram District Kancheepuram.
2. The Project Director National Highways Authority of India PIU-Kancheepuram No. 7/16, Govindarajan Street Tambaram West, Chennai - 600045.
3.The Special District Revenue Officer (Land Acquisition-National Highways) (Chennai-Bangalore Express Highways) Kanchipuram Collectorate Kancheepuram.
4.The Special Tahsildar Unit-3 No.15, Visalatchi Nagar Sevillimedu Kancheepuram.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay a compensation of at least Rs. 3000 per Sq.m to the extent of the petition property in Survey No. 57/1A1A1A2 of 121, Podavur Village, ChengalpetMGR District, Sriperumbudur Taluk spread over 3,600 Sq.ft 1/5
For Petitioner : Mr.K.Murugan For Respondents : Mr.Su.Srinivasan for R2 Mr.K.M.D.Muhilan for R1, R3 & R4 Government Advocate
O R D E R
This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, seeking to direct the respondents to pay a compensation of at least Rs. 3000 per Sq.m to the extent of the petition property in Survey No. 57/1A1A1A2 of 121, Podavur Village, Chengalpet-MGR District, Sriperumbudur Taluk spread over 3,600 Sq.ft.
2. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the property in Survey No.57/1A1A1A2 of 121, Podavur Village, Chengalpet-MGR District, Sriperumbudur Taluk. Further, 3D(1) notification was issued in S.O.No.2445(E) dated 30.05.2022 and subsequently, award was passed on 16.09.2022 fixing Rs.8,63,33,942/-. It is the grievance of the petitioner that though the property is physically acquired by the third respondent, compensation is not being paid to the petitioner till date. He further seeks this Court a liberty for filing an appeal before the District Collector/Arbitrator for determining the compensation amount in terms of 3G(5) of the Act.
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3. The learned counsel appearing on behalf of the National Highways Authority did not dispute the fact.
4. Heard the learned counsel appearing for the petitioners; ther learned Government Advocate and the learned Counsel appearing on behalf of the National Highways Authority and perused the entire materials available on records.
5. Considering the facts and circumstances of this case and the limited request made by the petitioner, this Court grants liberty for the petitioner to file an appeal before the jurisdictional District Collector/Arbitrator under Section 3G(5) of the National Highways Act, 1956 seeking determination of compensation within a period of four weeks from the date of receipt of a copy of this Order, upon production of title deeds. If such application is being filed by the petitioner, the District Collector/Arbitrator is directed to take up the application and pass appropriate order(s) on merits and in accordance with law within a period of twelve weeks thereafter.
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6. With the above direction, this Writ Petition is disposed of. No costs.
26.10.2022 Index : Yes / No Internet : Yes / No Speaking order / Nonspeaking order dhk To,
1. The District Collector Kancheepuram District Kancheepuram.
2. The Project Director National Highways Authority of India PIU-Kancheepuram No. 7/16, Govindarajan Street Tambaram West, Chennai - 600045.
3.The Special District Revenue Officer (Land Acquisition-National Highways) (Chennai-Bangalore Express Highways) Kanchipuram Collectorate Kancheepuram.
4.The Special Tahsildar Unit-3 No.15, Visalatchi Nagar Sevillimedu Kancheepuram.
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M. DHANDAPANI, J.
dhk 26.10.2022 5/5