G.Narayana v. The Arbitrator Cum District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.29902 of 2024
1. G.Narayana
2. C.Anji Kumar
3. M.Muniraju
4. P.Muniellappa
5. C.Lakshminarayanan
6. J.Kenjappa
7. M. Suguna
8. N.Venkatesappa
9. N.Sankarappa
10. A.Venkatesh
11. K.Abbaiappa
12. V.Vimala
13. N.Narayanappa
...Petitioners
Vs.
1. The Arbitrator cum District Collector, Krishnagiri district, Krishnagiri.
2. The National Highways Authority of India, Represented by its Project Director N/H-948A Satellite Town Ring Road (STRR) Project, Krishnagiri Unttarahalli Main Road, Kengeri, Bengaluru 560 060.
3. The Special District Revenue Officer (Land Acquisition) N/H-948A Satellite Town Ring Road (STRR) Project, Hosur, Krishnagiri District.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to pass an arbitration award on the appeals/claim petitions of the petitioners dated 18.01.2021, 29.01.2021, 12.02.2021 and 20.06.2022 by enhancing the compensation to the petitioners by strictly following the procedure as contemplated in section 26 to 30 of Right to Fair Compensation under Transparency in land Acquisition, Rehab and Resettlement Act, 2013 within a stipulated period of time as fixed by this Court. For Petitioners : Mr.G.M.Ananthakumar For R1 & R3 : Mr.P.Sathish Additional Government Pleader For R2 : Mrs.S.R.Sumathi Standing Counsel
O R D E R
The petitioners herein seek a direction to 1st respondent to pass arbitration award in their claim petitions dated 18.01.2021, 29.01.2021, 12.02.2021 and 20.06.2022 within a stipulated time fixed by this Court.
2. According to the petitioners, the property situated at Goolisandiram Village, Gopanapalli (Post), Hosur Taluk, Krishnagiri District measuring an extent of 2780sq.mtrs in S.No.150/4A1, 2000sq.mtrs in S.No.455/1A, 2/6
1725sq.mtrs in S.No.58/2, 2518 & 8205sq.mtrs in S.Nos.453/1A, 453/2A, 455/1B2, 1000sq.mtrs in S.No.149/2, 1040 & 4920sq.mtrs in S.Nos.323/1B & 324/1/B2, 1000sq.mtrs in S.No.149/2, 2000 & 7572 sq.mtrs in S.Nos.377/2B & 404/2, 200 & 5950sq.mtrs in S.Nos.376/2B & 378/2, 805 & 4922sq.mtrs in S.Nos.218/1&235/2, 6700, 3580 & 3364sq.mtrs in S.Nos.441/2B, 442/2 & 640/2, 1805sq.mtrs in S.No.597/1B2 and 1122 & 880sq.mtrs in S.Nos.469/3A2 & 469/3B2 were acquired by the second respondent for the purpose of laying national highways 948A (Satellite Town Ring Road for Bangalore (west) extending to Hosur) under N.H.844 project. The competent authority /second respondent fixed the quantum of compensation and passed award on 18.01.2021, 29.01.2021, 12.02.2021 and 20.06.2022.
Aggrieved by the quantum of compensation fixed by the 2nd respondent, the petitioners sought for enhancement of compensation and the matter was referred to arbitration by 1st respondent. Though the claim petitions of the petitioners seeking enhancement of compensation dated 18.01.2021, 29.01.2021, 12.02.2021 and 20.06.2022 are pending on the file of the 1st respondent, till date, no order has been passed. Therefore, the petitioners are before this Court.
3. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents 1 & 3 and Mrs.S.R.Sumathy, learned Standing Counsel takes 3/6
notice for the second respondent.
4. The learned Additional Government Pleader appearing for the respondents 1 & 3 submitted that the claim petitions will be considered on merits within the time fixed by this Court.
5. The first respondent is expected to adhere to the time schedule mentioned in Arbitration and Conciliation Act and he is not expected to keep arbitral proceedings pending without any progress.
6. In view of the same, this Court is inclined to issue a direction to the first respondent to consider the petitioners' claim petitions dated 18.01.2021, 29.01.2021, 12.02.2021 and 20.06.2022 and pass final orders, within a period of six months from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04.10.2024 Index : Yes/No 4/6
Internet : Yes/No Speaking Order/Non-Speaking Order To
1. The Arbitrator cum District Collector, Krishnagiri district, Krishnagiri.
2. The National Highways Authority of India, Represented by its Project Director N/H-948A Satellite Town Ring Road (STRR) Project, Krishnagiri Unttarahalli Main Road, Kengeri, Bengaluru 560 060.
3. The Special District Revenue Officer (Land Acquisition) N/H-948A Satellite Town Ring Road (STRR) Project, Hosur, Krishnagiri District.
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S. SOUNTHAR, J.
av W.P No.29902 of 2024 04.10.2024 (1/2) 6/6