Madras High CourtWP(MD)/4459/2022disposed of

Aravind. B v. The District Collector-Cum-Arbitrator

2022-03-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE B.Aravind ... Petitioner /Vs./

1. The District Collector cum Arbitrator, Dindigul District, Dindigul.

2. The District Revenue Officer cum Authorized Competent Authority, D.No.567, A.P.J Abdul Kalam Street, Semmanaickenpatti Post, Thadikombu Road, Dindigul District.

3. The Special Tahsildar, Land Acquisition, N.H No.209, Oddanchathiram, Dindigul District.

4. The Project Director, Dindigul District, Dindigul.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent herein to dispose of petitioner's representation dated 27.12.2021 for payment of enhanced compensation as per Section 3-G

(5) of National Highways Act, 1956 to the petitioner within the time stipulated time.

For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R3 : Mr.Su. Srinivasan Senior Panel Counsel for R4

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent herein to dispose of petitioner's representation dated 27.12.2021 for payment of enhanced compensation as per section 3G(5) of National Highways Act, 1956 to the petitioner, within a time frame to be fixed by this Court. 1/3

2.The petitioner has sought for enhancement of compensation as per Section 3G(5) of the National Highways Act, 1956 in respect of the land acquired from him under the National Highways Act, 1956 and the same is pending before the first respondent. The petitioner seeks for early disposal of the proceedings before the first respondent.

3.No prejudice would be caused to the respondents, if the representation of the petitioner seeking for early disposal of the proceedings is considered.

4.Accordingly, this Court directs the first respondent to pass an award under Section 3G(5) of the National Highways Act, 1956, on the petitioner's representation dated 27.12.2021 within a period of six [6] months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To

1. The District Collector cum Arbitrator, Dindigul District, Dindigul.

2. The District Revenue Officer cum Authorized Competent Authority, D.No.567, A.P.J Abdul Kalam Street, Semmanaickenpatti Post, Thadikombu Road, Dindigul District.

3. The Special Tahsildar, Land Acquisition, N.H No.209, Oddanchathiram, Dindigul District.

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4. The Project Director, Dindigul District, Dindigul.

+1 CC to M/s.SU.SRINIVASAN, Advocate ( SR-11770[F] dated 14/03/2022 ) +1 CC to M/s.SPL GP ( SR-12447[F] dated 16/03/2022 ) order made in Dated:

14.03.2022 NSN(CO) GC(30.03.2022) 3P 7C 3/3