Madras High CourtWP(MD)/971/2023disposed of

Fahima Gania v. The District Collector / The Sole Arbitrator

2023-01-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Fahima Gania ... Petitioner Vs.

1.The District Collector / The Sole Arbitrator, Ramanathapuram District, Ramanathapuram.

2.The Competent Authority Cum Special District Revenue Officer, National Highway (Land Acquisition), Ramanathapuram.

3.The Special Thasildar (Land Acquisition), Madurai - Dhanuskodi NH-49, Extension Unit - II, Paramakudi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the District Collector, Ramanathapuram District, the first respondent herein, to initiate arbitration proceedings in the appeal dated 30.09.2021, in respect of the lands to an extent of 2016 Sq M of Punja lands forms part of 0.24.15 Hectares comprised in Survey No.384/1B1B, Throuvalur Village, Ramanathapuram Taluk, acquired from the petitioner and to dispose of the arbitration proceedings as per provision under Section 3G(5) of the National Highways Act, 1956, by passing 1/4

suitable orders on the same, by considering the representation of the petitioner dated 05.11.2022, within a time frame as may be fixed by this Court. For Petitioner : Mr.G.Aravinthan For Respondents : Mr.M.Lingadurai, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner's land was acquired under the National Highways Act. The petitioner was paid some compensation. He seeks enhancement. The first respondent is the authority competent to decide. The first respondent is directed to pass award on merits and in accordance with law within a period of twelve months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 3.The writ petition is disposed of accordingly. No costs. 31.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No ias 2/4

To:- 1.The District Collector / The Sole Arbitrator, Ramanathapuram District, Ramanathapuram.

2.The Competent Authority Cum Special District Revenue Officer, National Highway (Land Acquisition), Ramanathapuram.

3.The Special Thasildar (Land Acquisition), Madurai - Dhanuskodi NH-49, Extension Unit - II, Paramakudi.

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G.R.SWAMINATHAN, J.

ias 31.01.2023 4/4