Krishnan v. The Arbitrator Cum District Collector
In the High Court of Judicature at Madras Dated : 19.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.34427 of 2024 Mr.Krishnan
...Petitioner
Vs 1.The Arbitrator-cum-District Collector, Office of the District Collectorate, Krishnagiri, Krishnagiri District.
2.The Competent Authority-cum- District Revenue Officer, Land Acquisition, National Highway No.844, Krishnagiri, Krishnagiri District.
3.The Special Tahsildar, National Highway No.844, Krishnagiri, Krishnagiri District.
4.The National Highways Authority of India, rep.by its Project Director (NH 844), PIU, Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to pass an arbitration award on the petitioner's appeal/claim petition dated 20.2.2023 within a stipulated period of time by appointing 1/6
competent engineers/officials for assessing the value of the land measuring an extent of 245 sq.meters in S.No.108/1A at Karukkanahalli Village, Denkanikottai Taluk, Krishnagiri District, by strictly following the procedure contemplated under Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and also following the procedure contemplated under Sections 18 to 27 of the Arbitration and Conciliation Act, 1996. For Petitioner :
Mr.J.Ramesh For R1 to R3 :
Mr.A.Selvendran, SGP For R4 :
Ms.S.R.Sumathy, Standing Counsel
ORDER
The petitioner seeks a Mandamus to the first respondent to pass an arbitral award on the petitioner's claim petition dated 20.2.2023 within a stipulated time.
2. The petitioner would submit that he is the absolute owner of an extent of 6 cents in S.No.108/1A at Karukkanahalli Village, Denkanikottai Taluk, Krishnagiri District. The petitioner has also been issued with patta No.2283 in respect of the said land. Out of the said land, an extent of 245 sq.meters was acquired by the second respondent in the year 2018 for laying the Four Way Road - Hosur - Rayakottai - Dharmapuri under N.H.844 Project under the National 2/6
Highways Act, 1956.
3. The petitioner's contention is that the acquired land is situated in a prime residential and commercial area and would have fetched a market value of not less than Rs.6,000/- per sq.ft, as this was the market value much prior to the acquisition proceedings. Further, the second respondent passed an award fixing a very meagre value for the land in question. Therefore, as per the provisions of Section 3G(5) of the said Act, the petitioner lodged the claim petition before the first respondent on 20.2.2023. However, the said claim petition has not even come up for inquiry. Therefore the writ petition.
4. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for respondents 1 to 3 and the learned Standing Counsel accepting notice for the fourth respondent.
5. The facts narrated above would show that the subject property of the petitioner has been acquired by the respondents and the market value for the subject property as well as the nearby lands is more than Rs.6,000/- per sq.ft even prior to the acquisition proceedings. The award passed by the second respondent has been 3/6
put to challenge by filing a claim petition before the first respondent, who is the constituted Arbitrator under the provisions of the said Act. Though the claim petition has been filed on 20.2.2023, the first respondent has not even commenced the inquiry.
6. In such circumstances, the writ petition is allowed and a Mandamus is issued to the first respondent to dispose of the claim petition filed by the petitioner dated 20.2.2023 within a period of two months from the date of receipt of a copy of this order. No costs. 19.11.2024 To 1.The Arbitrator-cum-District Collector, Office of the District Collectorate, Krishnagiri, Krishnagiri District.
2.The Competent Authority-cum- District Revenue Officer, Land Acquisition, National Highway No.844, Krishnagiri, Krishnagiri District.
3.The Special Tahsildar, National Highway No.844, Krishnagiri, Krishnagiri District.
4.The National Highways Authority of India, rep.by its Project Director (NH 844), PIU, 4/6
Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.
RS 5/6
P.T.ASHA,J RS 19.11.2024 6/6