The Project Director,National v. S.Gurunathan

CMA(MD). No.464 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of February Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM AND The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.42 of 2019 The Project Director, National Highways No.45-E and 220 National Highways Authority of India, Now at:

Plot No.1,Aishwaryam Heights Indira nagar, Sennamanickenpatti(PO) Thadikombu Road, Dindigul-624 004 ...Appellant Vs 1 S.GURUNATHAN, ... 1st Respondent 2 THE SPECIAL DISTRICT REVENUE COMPETENT AUTHORITY FOR LAND ACQUISITION, (NATIONAL HIGHWAYS-45E AND 220) COLLECTORATE BUILDINGS, THENI ... 2nd Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 37(1) & (2) of Arbitration and Conciliation Act 1996, against the order and executable order dated 21.11.2017 made in Arbitration O.P.No.6 of 2015 on the file of the Principal District and Sessions Court, Theni.

DECREE:- This Civil Miscellaneous Appeal come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.SU.Srinivasan, Standing Counsel for National Highways Authority of India, for the Appellant and of Mr.R.R.Kannan, Advocate for the 1st respondent and of Mr.A.K.Baskarapandian, Special Government Pleader for the 2nd respondent, this Court while dismissing the appeal, doth order and decree as follows:-

(1) That the order and executable order dated 21.11.2017 made in Arbitration O.P.No.6 of 2015 on the file of the Principal District and Sessions Court, Theni, be and hereby is confirmed;

(2) That in addition the Land Loser/Petitioner/1st respondent herein is entitled to get back the amount deducted towards development charges;

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CMA(MD). No.464 of 2019 (3)That the Land Loser/Petitioner is further entitled for compensation for trees and standing crops which shall be determined by the competent authority for Land Acquisition/2nd respondent herein within a period of eight weeks from the date of receipt of a copy of this Judgment;

(4)That the Land Loser/petitioner be and hereby is also entitled to solatium and interest as per the Judgment of the Honourable Supreme Court in Union of India and Others -vs- Tarsem Singh and another, in C.A.No.7064 of 2019 dated 19.09.2019, if not already calculated and added to the compensation determined; and

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The Principal District and Sessions Judge, Theni. 2 The Special District Revenue Competent Authority for Land Acquisition, (National Highways-45E and 220) Collectorate Buildings, Theni.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.R.R.Kannan, Advocate ( SR-6075 dated 13/02/2020 ) +2 cc to to M/s.SU.SRINIVASAN, Advocate(SR - 6042) ORDER DATED : 13/02/2020 DECREE CMA(MD). No.42 of 2019 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the order and decree dated 21.11.2017 made in Ar.O.P.No.6 of 2015 on the file of the Principal District and Sessions Court, Theni.

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