Madras High CourtWP(MD)/5517/2022disposed of

Mohammed Idris v. The District Collector / Arbitrator

2022-03-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Mohammed Idris ... Petitioner Vs.

1.The District Collector / Arbitrator, 2.The Special District Revenue Officer (LAO), NH 744-A, National Highways, 3.The Deputy General Manager (T) & Project Director, NH 744-A, National Highways Authority of India, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the petitioner's arbitration proceedings in Appeal No.2/MET/Appanthirupathi Village/2021 filed under Section 3G

(5) of the National Highways Act within a time frame fixed by this Court.

For Petitioner : Mr.M.P.Senthil For Respondents 1&2 : Mr.M.Lingadurai Special Government Pleader For Respondent No.3 : Mr.V.Malaiyendran Central Government Standing Counsel

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to dispose of the petitioner's arbitration proceedings in Appeal No.2/MET/Appanthirupathi Village/2021 filed under Section 3 (G)5 of the National Highways Act within a time frame to be fixed by this Court.

2.The petitioner seeks early disposal of the aforementioned arbitration proceedings filed under Section 3G(5) of the National Highways Act. Aggrieved by the determination of compensation in 1/3

respect of the acquired lands from the petitioner under the National Highways Act, arbitration proceedings have been initiated and is presently pending on the file of the first respondent. The petitioner seeks for early disposal of the said arbitration. 3.Heard Mr.M.P.Senthil, learned Counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 & 2 and Mr.V.Malaiyendran, learned Central Government Standing Counsel, who accepts notice on behalf of the third respondent. 4.No prejudice would be caused to the respondents if such a direction is given by this Court.

5.Accordingly, this Court directs the first respondent to pass the arbitral award under the National Highways Act, within a period of three [3] months from the date of receipt of a copy of this order.

6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector / Arbitrator, 2.The Special District Revenue Officer (LAO), NH 744-A, National Highways, 2/3

3.The Deputy General Manager (T) & Project Director, NH 744-A, National Highways Authority of India, +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-15276[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-15721[F] dated 31/03/2022 ) ORDER MADE IN 29.03.2022 NSN(CO) GC(06.04.2022) 3P 6C 3/3