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Madras High CourtWP(MD)/3448/2023disposed of

B.Kubendran v. The District Collector And Arbitrator

2023-02-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.Kubendran ... Petitioner Vs.

1.The District Collector and Arbitrator, Office of the District Collector, Sivagangai District.

2.The Authorised Officer cum Special District Revenue Officer, Land Acquisition-National Highways, Collector Office Campus, Ramanathapuram.

3.The Special Tahsildar, Land Acquisition-National Highways-49, Unit-2, Melkarai, Manamadurai, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to enhance the compensation for having acquired 12 square meter comprised in Survey No.331/1A5 and pay the same to the petitioner in accordance with law within the time stipulated by the Court.

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For Petitioner : Mr.S.Malaikani For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner's land was acquired under the provision of the National Highways Act. The award was passed on 21.10.2016. The petitioner was not satisfied with the quantum of compensation offered to him. He therefore filed a petition under Section 3(G)(5) of the National Highways Act. Since the first respondent has not determined the amount, the present writ petition has been filed.

3. The first respondent is directed to pass award on the petition filed by the petitioner under Section 3(G)(5) of the Act on merits and in accordance with law within a period of eight 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.

4. The Writ Petition is disposed of accordingly. No costs. 21.02.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector and Arbitrator, Office of the District Collector, Sivagangai District.

2.The Authorised Officer cum Special District Revenue Officer, Land Acquisition-National Highways, Collector Office Campus, Ramanathapuram.

3.The Special Tahsildar, Land Acquisition-National Highways-49, Unit-2, Melkarai, Manamadurai, Sivagangai District.

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G.R.SWAMINATHAN, J.

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