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Madras High CourtWP/29278/2022withdrawn dismissed

B.R.Sridhar v. The Arbitrator And District Collector,

2022-11-04Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI B.R.Sridhar ... Petitioner vs.

1. The Arbitrator & District Collector, Thiruvallur District.

2. The Project Director, National Highways Authority of India, Project Implementation Unit - Chennai, "Sri Tower", 3rd Floor Dp-34 (SP), Chennai - 600 032.

3. The Special District Revenue Officer (LA), NH 205, No.3 and 4, Lal Bagadhur Sasthiri Street, Periyakuppam Railway Street, Near Thulasi Theatre, Thiruvallur - 602 001.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to pay the petitioner the enhanced compensation as per the proceedings of the first respondent made in Rc.No.6864/2017/F2/Arbitration dated 31.08.2020 for 1/6

the petitioner's lands measuring to an extent 2814 sq.mtr situated in S.Nos.228/10B, 229/3B, Panapakkam Village, Tiruttani Taluk, Thiruvallur District within a time frame as fixed by this Court. For Petitioner : Mr.M.P.Saravanan For R2 : Mr.Su.Srinivasan For R1 and R3 : Mr.B.Vijay Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the third respondent to pay the petitioner the enhanced compensation as per the proceedings of the first respondent made in Rc.No.6864/2017/F2/Arbitration dated 31.08.2020 for the petitioner's lands measuring to an extent 2814 sq.mtr situated in S.Nos.228/10B, 229/3B, Panapakkam Village, Tiruttani Taluk, Thiruvallur District within a time frame as fixed by this Court.

2. It is the case of the petitioner that he is the owner of the above said property situated in said Village. The respondents in order to widen the road at NH 205, Panapakkam Village, Tiruttani Taluk, Thiruvallur District had 2/6

sought to acquire the above said land under the National Highways Act and the Award dated 25.01.2012 was passed by the third respondent. Aggrieved over the same, the petitioner initiated arbitration proceedings, before the competent authority / first respondent seeking to enhance the compensation fixed by the third respondent. Thereafter, the third respondent had submitted a report before the first respondent stating that the petitioner's request seeking enhancement of compensation can be acceded to. Pursuant to which the first respondent vide proceedings dated 31.08.2020 had enhanced the compensation in respect of the petitioner's property. Inspite of the same, the third respondent had not disbursed the enhanced compensation to the petitioner. Hence the present Writ Petition has been filed seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the third respondent to disburse the enhanced compensation to the petitioner as per the proceedings of the first respondent dated 31.08.2020 and pass appropriate orders within a particular 3/6

time frame to be fixed by this Court.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. In view of the limited relief sough for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the third respondent to disburse the enhanced compensation to the petitioner as per the proceedings of the first respondent dated 31.08.2020, if there is no legal impediment, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above observation and directions, this Writ Petition is disposed of. No costs.

04.11.2022 RAP Index :

Yes/No Speaking order :

Yes/No To:

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1. The Arbitrator & District Collector, Thiruvallur District.

2. The Project Director, National Highways Authority of India, Project Implementation Unit - Chennai, "Sri Tower", 3rd Floor Dp-34 (SP), Chennai - 600 032.

3. The Special District Revenue Officer (LA), NH 205, No.3 and 4, Lal Bagadhur Sasthiri Street, Periyakuppam Railway Street, Near Thulasi Theatre, Thiruvallur - 602 001.

M.DHANDAPANI, J.

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RAP 04.11.2022 6/6