Ramesh v. The Arbitrator Cum District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 02.01.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Ramesh ... Petitioner Vs.
1. The Arbitrator cum District Collector, Collectorate office, Krishnagiri District.
2. 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 ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to act upon the Petitioners claim field under section 3G(5) of the National highways Act 1/5
1956, dated on 20.05.2023 and to conduct proper arbitration proceeding as per the Arbitration and Conciliation Act 1996, to reconsider the Awards dated 5.4.2023 and to pay the compensation for trip irrigation and to enhance the compensation in respect of petitioner well and land measuring an extent of 2185 sq.mtrs,comprised in S.No. 282/3C(p), land measuring 347.5 sq.mtrs comprised in S.No. 282/2Bp), land measuring 149 sq.mtrs, comprised in S.No. 283/2B, All survey nos covered in patta No. 216, Onnalavadi Village Hosur taluk, Krishnagiri District by following the procedure contemplated under the section 26 to 30 Right to fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013(Central Act 30 of 2013). For Petitioner : Mr.R.Rameshraja For Respondents : Mr.A.Selvendran Special Government Pleader for Respondents 1 and 2
ORDER
Challenging the award dated 05.04.2023 on the ground that compensation granted by the Acquiring authority was very low, the petitioner had filed a claim petition under Section 3G(5) of the National 2/5
Highways Act, 1956, before the 1st respondent on 20.05.2023. Though over a year and half has been passed since the filing of the said claim petition. To date, the petitioner has neither received a notice of enquiry nor is he received any orders from the 1st respondent. Therefore, the petitioner is before this Court.
2.
Heard Mr.R.Ramesh Raja, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader, for respondents 1 and 2.
3.
Considering the limited relief claim and taking note of the fact that the claim has been filed as early as in the month of May 2023, a mandamus is issued to the 1st respondent to dispose of the claim petition of the petitioner filed on 20.05.2023 within a period of three months from the date of receipt of the copy of this order.
4.
This Writ petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. 3/5
02.01.2025 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To
1. The Arbitrator cum District Collector, Collectorate office, Krishnagiri District.
2. 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 P.T.ASHA.,J 4/5
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