The Project Director v. P. Catherin Vimala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The Project Director National Highways Authority of India Project Implementation Unit - Chennai "Sri Towers", 3rd Floor, DP-34 (SP) Industrial Estate, Guindy Appellant in Chennai - 600 032.
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all W.As Vs.
1. P.Catherin Vimala
2. The Arbitrator & District Collector Thiruvallur District.
3. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St Periyakuppam Railway Street Near Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.463 of 2024
1. N.Sathya Prakash
2. The Arbitrator & District Collector Thiruvallur District.
3. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St Periyakuppam Railway Street Near Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.464 of 2024
1. Vasanthi
2. Renuga Devi
3. Baskar
4. Suguna
5. The Arbitrator & District Collector Thiruvallur District.
6. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St Periyakuppam Railway Street Near Thulasi Theatre Respondents in Thiruvallur - 602 001.
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W.A.No.465 of 2024 Prayer in W.A.No.463 of 2024: Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.717 of 2022 dated 24.01.2022;
Prayer in W.A.No.464 of 2024: Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.719 of 2022 dated 24.01.2022; and Prayer in W.A.No.465 of 2024: Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.825 of 2022 dated 24.01.2022.
For the Appellant in all W.As : Mr.S.Srinivasan For the Respondents in W.A.Nos.463 & 464 of 2024 : Ms.M.F.Shabana for R1 Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R2 and R3 For the Respondents in W.A.No.465 of 2024 : Ms.M.F.Shabana for R1 to R4 Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R5 and R6 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) Heard Mr.S.Srinivasan, learned counsel for the appellant, Ms.M.F.Shabana, learned counsel for the private respondents and Mr.A.Edwin Prabakar, learned State Government Pleader for the respondent authorities.
2. Learned counsel for the appellant and learned counsel for the respective respondents are ad idem that the present matters are covered by the order of this Court dated 23.08.2023 in W.A.No.1970 of 2023 and etc. batch.
3. In the light of that, we follow the same course and pass the following orders:
(i) In some of the appeals, this Court had directed the present appellant to deposit 50% of the amount of enhanced compensation, which according to the learned counsel for the appellant, has been complied with and the 50% of the amount is deposited. The 50% of the amount already deposited shall be transferred to the Court of the concerned District Judge, where the application filed by the appellants under Section 34 of the Act of 1996 is pending;
(ii) In other appeals, where the amount of 50% of the enhanced compensation amount is not deposited, the same shall be deposited by the present appellant with the concerned Court within a period of ten weeks from today;
(iii) The original petitioner is at liberty to apply for the withdrawal of the amount, which application shall be considered by the concerned District Judge, on its own merits and after hearing all parties concerned, appropriate orders shall be passed; (iv) The present appellant may also seek further orders on the stay petition before the learned District Judge;
(v) Depending upon the order, that may be passed by the learned District Judge on the application of the original petitioner for withdrawal of the amount, further steps may be taken with regard to the amount, if lying in the Court, such as to invest the same in a Nationalised Bank or otherwise;
(vi) Considering the huge amount involved, the learned District Judge, with whom the application under Section 34 of the Act of 1996 is pending, may endeavour to decide the application under Section 34 of the Act of 1996 expeditiously.
4. In view of the aforesaid, these writ appeals stand disposed of. There will be no order as to costs. Consequently, C.M.P.Nos.3119, 2806 and 2839 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index : Yes/No drm
To
1. The Arbitrator & District Collector Thiruvallur District.
2. The Special District Revenue Officer (LA) NH 205, No.3 & 4, Lal Bagadhur Sasthiri St Periyakuppam Railway Street (near) Thulasi Theatre Thiruvallur - 602 001.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 08.02.2024