The Project Director v. Vasanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024

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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both W.As Vs.

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 Sasthri Street Periyakuppam Railway Street Near Thulasi Theatre Respondents in Thiruvallur - 602 001.

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W.A.No.620 of 2024

1. G.Kannammal

2. The Arbitrator & District Collector Thiruvallur District.

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

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W.A.No.621 of 2024 Prayer in W.A.No.620 of 2024: Appeal filed under Clause 15 of the Letters Patent against the order dated 24.01.2022 in W.P.No.294 of 2022;

Prayer in W.A.No.621 of 2024: Appeal filed under Clause 15 of the Letters Patent against the order dated 24.01.2022 in W.P.No.215 of 2022.

For the Appellant in both W.As : Mr.S.Srinivasan For the Respondents : Mr.T.K.Saravanan Government Advocate for R5 & R6 in W.A.No.620 of 2024 and R2 & R3 in W.A.No.621 of 2024 Ms.M.F.Shabana for R1 to R4 in W.A.No.620 of 2024 and R1 in W.A.No.621 of 2024

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 private respondents and Mr.A.Edwin Prabakar, learned State Government Pleader for the official respondents.

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.4353 and 4351 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 22.02.2024 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 Sasthri Street Periyakuppam Railway Street Near Thulasi Theatre Thiruvallur - 602 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 22.02.2024