Rajappa v. The Arbitrator Cum District Collector,
In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.1017 of 2025 Mr.Rajappa
...Petitioner
Vs 1.The Arbitrator-cum-District Collector, Office of the District Collectorate, Krishnagiri, Krishnagiri District.
2.The Competent Authority-cum- District Revenue Officer, Land Acquisition, National Highway No.844, Krishnagiri.
Krishnagiri District.
3.The National Highways Authority of India, rep.by its Project Director (NH 844), PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.
...Respondents
PETITION 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 on the appeal/claim petition dated 05.5.2022 within a stipulated period of time by appointing competent engineers/officials for assessing the value of the land measuring an extent of 520 Sq.Mtrs. in S.No.25/5B1 (New S.No.25/5B1B) at 1/5
Karukkanahalli Village, Denkanikottai Taluk, Krishnagiri District structure - building and other amenities and trees by strictly following the procedure contemplated under Sections 26 to 30 of the 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 Petitioner :
Mr.J.Ramesh For R1 & R2 :
Mr.A.Selvendran, SGP For R3 :
Ms.S.R.Sumathy, Standing Counsel
ORDER
Seeking a direction to the first respondent to consider the claim petition dated 05.5.2022 in respect of the property measuring 520 Sq.Mtrs. in S.No.25/5B1 (New S.No.25/5B1B) at Karukkanahalli Village, Denkanikottai Taluk, Krishnagiri District with structure - building, other amenities and trees by strictly following the procedure contemplated under Sections 26 to 30 of the 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, the petitioner is before this Court. 2/5
2. Heard the learned counsel for the 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. The case of the petitioner is as follows : The petitioner is the absolute owner of the lands measuring 44 cents at Karukkanahalli Village, Denkanikottai Taluk, Krishnagiri District. A patta was also issued in his favour in patta No.1227. The second respondent sought to acquire the land measuring 520 sq.meters in S.No.25/5B1 with structure - building, other amenities and trees by issuing a Notification dated 25.6.2019 and called for objections. The petitioner gave his objections. Further, the second respondent passed the award dated 09.3.2022. Not satisfied with the award passed by the second respondent, the petitioner filed a claim petition dated 05.5.2022 before the first respondent under Section 3G(5) of the National Highways Act. As the same has not yet been considered, the petitioner has come forward with this writ petition.
4. In the considered view of this Court, the first respondent kept the claim petition filed by the petitioner pending without passing any orders for more than two years. This would suffice to direct the first 3/5
respondent to consider the same and pass orders within a time frame.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the claim petition of the petitioner dated 05.5.2022 on merits and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. No costs. 20.1.2025 To 1.The Arbitrator-cum-District Collector, Office of the District Collectorate, Krishnagiri, Krishnagiri District.
2.The Competent Authority-cum- District Revenue Officer, Land Acquisition, National Highway No.844, Krishnagiri.
Krishnagiri District.
3.The National Highways Authority of India, rep.by its Project Director (NH 844), PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.
RS 4/5
P.T.ASHA,J RS 20.1.2025 5/5