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Madras High CourtWP/27812/2021disposed of

E.Amulprakash v. District Collector Cum Arbitrator

2021-12-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.27812 of 2021 E. Amul Prakash ..... Petitioner Vs

1. The District Collector-cum-Arbitrator, (under the National Highways Act, 1956), Vellore District at Sathuvachari, Vellore - 9.

2. The Special Tahsildar (LA), National Highways Unit-8, RDO's Office Compound, Ranipet - 632 401.

..... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to conclude the enquiry initiated vide its Letter dated 07.06.2018 in Na.Ka.LA

(1) 27/2016 in regards to acquisition of the land and building thereupon belonging to the petitioner and others comprised in survey Nos.4/1B, 4/1 & 5/1 Arcot, Vellore Taluk & District. For Petitioner : Mr.R. Ganesh Kumar For Respondents : Ms.D.Tamilselvi Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to conclude the enquiry initiated vide its Letter dated 07.06.2018 in Na.Ka.LA

(1) 27/2016 with regards to acquisition of the land and building thereupon belonging to the petitioner and others comprised in survey Nos.4/1B, 4/1 & 5/1 situated at Arcot, Vellore Taluk & District.

2. Heard, Mr.R. Ganesh Kumar, learned counsel appearing for the petitioner and Ms.D.Tamilselvi, learned Additional Government Pleader appearing for the respondents.

3. The case of the petitioner is that the petitioner owned a land comprised in survey Nos.4/1B, 4/1 and 5/1 to an extent of 3.11 acres situated at Arcot, Vellore Taluk, Vellore District. The subject lands were acquired by the second respondent for extension of highways. Thereafter, an Award https://hcservices.ecourts.gov.in/hcservices/

was passed. Aggrieved by the same, the petitioner preferred an appeal for enhancement of award amount before the Arbitrator viz.,the first respondent. On receipt of the same, the first respondent issued summons to the petitioner and conducted enquiry on 20.06.2018. However, no order has been passed till today.

4. Considering the above, the first respondent is directed to complete the arbitration proceedings initiated on the application filed by the petitioner, after giving an opportunity of hearing to the petitioner and shall pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar Lpp To

1. The District Collector-cum-Arbitrator, (under the National Highways Act, 1956), Vellore District at Sathuvachari, Vellore - 9.

2. The Special Tahsildar (LA), National Highways Unit-8, RDO's Office Compound, Ranipet - 632 401.

+1cc to Government Pleader SR.No.69746 W.P.No.27812 of 2021 PM(CO) GMY(27/01/2022) https://hcservices.ecourts.gov.in/hcservices/