Zareen Taj Choudhry v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Zareen Taj Choudhry ... Petitioner Vs.
1. The District Collector cum Arbitrator Kancheepuram - 631 501
2. The District Revenue officer (LA) National Highways (Kancheepuram Thiruvalur District) Thiruvallur, Kancheepuram - 631 501
3. The Special Tahsildar National Highways Bangalore- Chennai Express Way Kancheepuram - 631 501 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandumus directing the respondents to consider the representation dated 13.03.2019 and 16.08.2023 and permit the petitioner to participate in the Arbitration as per the Arbitration Clause under the National Highways Act, 1956, to get an adequate compensation for the acquired land. For Petitioner : Mr.R.Karthik for M/s.R.K.Law Firm For Respondents : Mr.V.Arun Additional Advocate General assisted by T.Venkatesh Kumar Special Government Pleader
ORDER
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This Writ Petition is filed for a writ of Mandumus directing the respondents to consider the representation dated 13.03.2019 and 16.08.2023 and permit the petitioner to participate in the Arbitration as per the Arbitration Clause under the National Highways Act, 1956, to get an adequate compensation for the acquired land.
2. The contention of the petitioner is that the petitioner's land has been acquired and the compensation has also been fixed by the competent authority. The petitioner who is aggrieved by the quantum of compensation fixed by the competent authority, made a representation before the District Collector-cum-Arbitrator and as per Section 3-G of the National Highways Act, the District Collector-cum-Arbitrator has to decide the matter as to whether the petitioner is entitled for enhancement of compensation. Though the petitioner has made the representation on 13.03.2019 and 16.08.2023, so far, the District Collector has not passed any order. Hence, the petitioner has approached this Court by way of this writ petition. 2/6
3.Mr.V.Arun, learned Additional Advocate General assisted by T.Venkatesh Kumar, Special Government Pleader submitted that the District Collector-cum-Arbitrator is the competent authority to fix the enhancement of compensation.
4.Though the petitioner has already approached the District Collectorcum-Arbitrator under Section 3-G of the said Act, so far, the District Collector has not passed any order. Even he has not sent any notice to the writ petitioner and even he has not taken any steps on the petitioner's representation. Since the petitioner has already lost his land, he feels that he is not able to get fair compensation.
5. Hence, this Court, taking into consideration the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representation dated 13.03.2019 and 16.08.2023 and conduct enquiry and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner and all the interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There 3/6
shall be no order as to costs.
07.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The District Collector cum Arbitrator Kancheepuram - 631 501
2. The District Revenue officer (LA) National Highways (Kancheepuram Thiruvalur District) Thiruvallur, Kancheepuram - 631 501
3. The Special Tahsildar National Highways Bangalore- Chennai Express Way Kancheepuram - 631 501 5/6
P.VELMURUGAN. J.
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