Madras High CourtWP/34860/2022disposed of

P.Velmurugan v. The District Collector Cum Arbitrator

2023-01-03Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR P.Velmurugan ... Petitioner Vs 1.The District Collector cum Arbitrator, Dharmapuri District, Dharmapuri.

2.The Competent Authority and Special District, Revenue Officer, Dharmapuri (Land Acquisition for National Highways - 844) Hosur - Salem Green Corridor Express Highway Dharmapuri Collectorate Office, Dharmapuri.

3.The Project Director, National Highways Authority of India, (Project Implementation Unit), No.259/1 Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents considering the petitioner's representation dated 12.09.2022 and to pay enhanced compensation of award amount and Additional market value in 1/6

respect of property situated at No.89, Jittandahalli Village, Palacode Taluk, Dharmapuri District, comprised in Survey No.373/1A, Patta No.855 in an extent of 455 sq.mtrs acquired for the purpose of widening four lane of National Highways No.844.

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.P.Sathish Additional Government Pleader for R1 & R2 : Mr.Su.Srinivasan Standing Counsel for R3

O R D E R

The prayer sought for herein is for a writ of mandamus directing the respondents considering the petitioner's representation dated 12.09.2022 and to pay enhanced compensation of award amount and Additional market value in respect of property situated at No.89, Jittandahalli Village, Palacode Taluk, Dharmapuri District, comprised in Survey No.373/1A, Patta No.855 in an extent of 455 sq.mtrs acquired for the purpose of widening four lane of National Highways No.844.

2. The petitioner's land at Jittandahalli Village, Palacode Taluk, Dharmapuri District was acquired under National Highways Act and a compensation has been fixed at the rate of Rs.725/- per sq.mtr. 2/6

3. Not satisfied with the same, the petitioner preferred an appeal by way of an arbitration application on 12.09.2022 to the 1st respondent/District Collector cum Arbitrator and in order to decide the said arbitration appeal, the petitioner has approached this Court by filing the present writ petition.

4. Heard Mr.D.Ramesh Kumar, learned counsel appearing for the petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.Su.Srinivasan, learned Standing Counsel appearing for the 3rd respondent.

5. The learned Additional Government Pleader for respondents 1 and 2 would submit that, within a reasonable time the arbitration application submitted by the petitioner before the 1st respondent would be decided on merits and in accordance with law under Section 3G(5) of the National Highways Act, 1956.

6. Considering the limited scope of the prayer sought for herein and having regard to the said submission made by the learned Additional 3/6

Government Pleader for respondents 1 and 2, this Court is inclined to dispose of this writ petition with the following order: There shall be a direction to the 1st respondent to decide the arbitration application submitted by the petitioner to the 1st respondent on 12.09.2022 after giving an opportunity of being heard to the petitioner and pass necessary orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With this direction, this Writ Petition is disposed of. No costs. 03.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl 4/6

To 1.The District Collector cum Arbitrator, Dharmapuri District, Dharmapuri.

3.The Project Director, National Highways Authority of India, (Project Implementation Unit), No.259/1 Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

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R.SURESH KUMAR, J.

Sgl 03.01.2023 6/6