Ramesh.V v. The Dist.Collector/Arbitrator
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.7701 of 2021 V.Ramesh
...Petitioner
Vs.
1. The District Collector / Arbitrator, Madurai.
2. The Special District Revenue Officer (LAO), Madurai Ring Road Scheme, Bharatmala Pariyojana, NH 744-A, National Highways, Madurai.
3. The Deputy General Manager (T) & Project Director, Madurai Ring Road Scheme, Bharatmala Pariyojana, NH 744-A, National Highways Authority of India, Madurai.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the petitioner's arbitration proceedings in Appeal No.15/VPT/Andipatti Village / 2020 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 R-1 : Mr.K.P.Krishna Doss Special Government Pleader For R-2 & R-3 : Mr.Arulvadivel @ Sekar
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to dispose of the arbitration proceedings initiated by the petitioner under Section 3 G (5) of the National Highways Act, 1956, within the time limit to be fixed by this Court.
2. The petitioner was the owner of the subject property, which was acquired by the National Highways Authority of India. The compensation was fixed by the Special District Revenue Officer and the petitioner was not satisfied with the compensation fixed by the Authority. Hence, the petitioner exercised his statutory right of initiating arbitration proceedings before the first respondent.
3. The grievance of the petitioner is that the proceedings have not progressed and it is being kept pending by the first respondent. Aggrieved by the same, the present Writ Petition has 1/3
been filed before this Court seeking for appropriate directions.
4. Heard Mr.M.P.Senthil, learned counsel for the petitioner, Mr.K.P.Krishnadoss, learned Special Government Pleader appearing for the first respondent and Mr.Arul Vadivel @ Sekar, learned counsel appearing for the second and third respondents.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to complete the proceedings and pass the award within a period of two (2) months from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.
7. This Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To
1. The District Collector / Arbitrator,Madurai.
2. The Special District Revenue Officer (LAO), Madurai Ring Road Scheme, Bharatmala Pariyojana, NH 744-A, National Highways, Madurai.
3. The Deputy General Manager (T) & Project Director, Madurai Ring Road Scheme, Bharatmala Pariyojana, NH 744-A, National Highways Authority of India, Madurai.
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-15668[F] dated 09/04/2021 ) +1 CC to M/s.C.ARUL VADIVEL @ SEKAR, Advocate ( SR-15781[F] dated 15/04/2021 ) +1 CC to M/s.SPL GP ( SR-15844[F] dated 15/04/2021 ) 2/3
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Order made in W.P.(MD).No.7701 of 2021 Dated:
09.04.2021 RK(26.05.2021) 3P 7C 3/3