R.Krishnappa, v. The Arbitrator Cum District Collector,
In the High Court of Judicature at Madras Dated : 17.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition Nos.37619 & 37621 of 2024 R.Krishnappa
...Petitioner in
WP No.37619/24 C.Srinivasan @ Seenappa
...Petitioner in
WP No.37621/24 Vs
1. The Arbitrator cum District Collector Collectorate Office Krishnagiri District.
2. The Competent Authority/ Special District Revenue Officer - Land Acquisition, National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Krishnagiri District.
...R1 & R2 in both WPs
3. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District.
...R3 in WP.No.37619 of 2024 4.The Project Director (NH 948), National Highways Authority of India, PIU - Bangaluru, Sy No.13, 14th KM Nagasandra Tumkur NH4 Road, Bangaluru-560073.
...R3 in WP.No.37621 of 2024 1/5
PETITIONS under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass an arbitration award (i) on the petitioner's claim petition, dated 23.5.2023 within a stipulated period of time and to reconsider the awards dated 3.10.2022 and enhance the compensation in respect of land and structures in land measuring 933 sq.mtrs., comprised in S.No.409/4A, land measuring 621 sq.mtrs. comprised in S.No.409/4B, land measuring 580 sq.mtrs. comprised in S.No.409/4D (WP.No.37619 of 2024) and (ii) on the petitioner's claim petition dated 4.7.2023 within a stipulated period of time and to reconsider the award dated 30.6.2022 and to enhance the compensation in respect of land and structures in land measuring 4749 sq.mtrs. comprised in S.No.577/3B, land measuring 3939 sq.mtrs.
comprised in S.No.577/4A2 at Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District (WP.No. 37621 of 2024), by following the procedure contemplated under Sections 26 to 30 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and also following the procedure contemplated under Sections 18 to 27 of the Arbitration and Conciliation Act 1996.
For Petitioners :
Mr.Mr.R.Rameshraja For R1 & R2 :
Mr.A.Selvendran, SGP For R3 :
Ms.S.R.Sumathy 2/5
COMMON ORDER The limited relief sought in these two writ petitions is for an early disposal of the claim petitions filed by the petitioners before the first respondent respectively dated 23.5.2023 and 04.7.2023 and to pass an arbitration award in accordance with Section 3G(5) of the National Highways Act, 1956.
2. Heard the learned counsel for the respective petitioner, the learned Special Government Pleader accepting notice for respondents 1 and 2 and the learned Standing Counsel accepting notice for the third respondent.
3. In respect of the properties acquired, the respective petitioner preferred claim petitions before the first respondent respectively on 23.5.2023 and 04.7.2023. Despite passage of more than 1 1/2 years, no steps have been taken to hear the above claim petitions.
4. Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the claim petitions filed by the petitioners respectively dated 23.5.2023 and 04.7.2023 and pass appropriate orders. The 3/5
above exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs. Both the learned Special Government Pleader as well as the learned Standing Counsel appearing for the third respondent are entitled to separate fees in each of the cases.
17.12.2024 To
1. The Arbitrator cum District Collector Collectorate Office Krishnagiri District.
2. The Competent Authority/ Special District Revenue Officer - Land Acquisition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Krishnagiri District.
3. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District.
RS 4/5
P.T.ASHA,J RS 4.The Project Director (NH 948), National Highways Authority of India, PIU - Bangaluru, Sy No.13, 14th KM Nagasandra Tumkur NH4 Road, Bangaluru-560073.
WP.Nos.37619 & 37621 of 2024 17.12.2024 5/5