Sundarathal, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.9021 of 2021 Sundarathal
...Petitioner
Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Deputy General Manager (T) and Project Director, Pollachi - Dindigul, Four-way Laning and Widening of NH 209, National Highways, Collector's Office, 3.The Special Tahsildar (Land Acquisition), National Highways No.209, Unit - III, Nethaji Nagar, Palani, Dindigul District.
4.The Deputy General Manager (Tech) & Project Director, National Highways Authority of India, Project Implementation Unit, Plot No.3, Suriya Towers, 2nd Floor, K.K.Nagar 1st East Street, Madurai - 20.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's appeal, dated 20.01.2021, filed for enhancement of compensation for the petitioner's land in old survey No.9/9 and new Survey No.9/1D2 situated at Kothaimangalam Village, Palani Taluk, Dindigul District, acquired by the 3rd respondent for laying four way lane between Pollachi and Dindigul. For Petitioner : Mr.T.Lenin Kumar For R-1 to R-3 : Mr.K.P.Krishnadoss Special Government Pleader For R-4 : 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 1/3
compensation was fixed by the third respondent 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 been filed before this Court seeking for appropriate directions.
4. Heard Mr.T.Lenin Kumar, learned counsel for the petitioner, Mr.K.P.Krishna Doss, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.Arul Vadivel @ Sekar, learned counsel appearing for the fourth respondent.
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 II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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. To 1.The District Collector, Dindigul District, 2/3
2.The Deputy General Manager (T) and Project Director, Pollachi - Dindigul, Four-way Laning and Widening of NH 209, National Highways, Collector's Office, 3.The Special Tahsildara (Land Acquisition), National Highways No.209, Unit - III, Nethaji Nagar, Palani, Dindigul District.
W.P.(MD).No.9021 of 2021 30.04.2021 KK(02.07.2021) 3P 4C 3/3