M.Govindaraj v. The Arbitrator Cum District Colelctor,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.No.31704 of 2022 M.Govindaraj
...Petitioner
vs.
1.
The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.
2.
The Competent Authority / Special District revenue Officer - Land Acquisition, National Highways - 844, (Hosur - Royakottai - Dharmapuri Section), Dharmapuri.
3.
The Project Director (NH 844), National Highways Authority of India, PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent authorities to act upon the representation dated 17/11/2022 submitted by the petitioner and appoint a competent civil engineer or expert to inspect and assess the value of petitioner's house, other amenities, well, septic bank and other amenities and 1/5
structures in petitioner's land measuring 4327 sq.mtrs. in S.No.368/2B and land measuring 550 sq.mtrs. in 368/2B, Jakkasamuthiram Village Palacode Taluk, Dharmapuri District and file a report and thereafter conduct proper enquiry by providing me an opportunity to produce relevant records and evidence and assess the value of his land, house, trees, well and other structures and also consider the loss of his future income from the land acquired and thereafter pass final award fixing appropriate compensation follow the procedure contemplated under the Section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) by granting adequate opportunity to the petitioner by furnishing copies of last three years sale statistics in respect of the locality and revenue village in which the petitioner's land is situated obtained from the Registration Department and allowing the petitioner to peruse all records and filing written submissions and within the time to be stipulated by this Hon'ble Court.
For Petitioner : Mr.R.Ramesh Raja For Respondents : Mr.K.Karthik Jaganath, GA, for R1 & R2 : Mr.Su.Srinivasan, SC, for R3
ORDER
When the matter was taken up for hearing, learned counsel for the petitioner sought permission of this Court to withdraw the Writ Petition with a liberty to challenge the Arbitration Award. An Endorsement to the said effect is also made by the learned counsel for the petitioner in the Petition today.
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2. In view of the above, this Writ Petition is dismissed as withdrawn with a liberty to the petitioner to workout the remedy in the manner known to law. No costs. Consequently, connected Miscellaneous petition is closed.
01.12.2022 skt Index : Yes/No Speaking order : Yes/No To:
1.
The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.
2.
The Competent Authority / Special District revenue Officer - Land Acquisition, National Highways - 844, (Hosur - Royakottai - Dharmapuri Section), Dharmapuri.
3.
The Project Director (NH 844), National Highways Authority of India, 3/5
PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri M.DHANDAPANI , J.
skt and WMP.No.31704 of 2022 4/5
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