Madras High CourtWP(MD)/12843/2021disposed of

Thavasi.K v. The District Collector/Arbitrator

2021-07-28Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12843 of 2021 D.Manoharan

...Petitioner

Vs.

1. The District Collector / Arbitrator, Madurai.

2. The Special District Revenue Officer (LAO), Formation of four Laning of Madurai Ring Road, NH 744A, "Bharatmala Pariyojana", No.5-A, Baskar Complex, First Floor, Besant Road, Chinnachokkikulam, Madurai - 2.

3.The Deputy General Manager (T) & Project Director, Formation of four Laning of Madurai Ring Road, NH 744A, "Bharatmala Pariyojana", National Highways Authority of India, 2nd Floor, East 1st Street, K.K.Nagar, Madurai - 625 020.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 1st respondent to dispose the petitioner's arbitration proceedings in Appeal No.5/VPT/Kallanai/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 & R-2 : Mr.M.Lingadurai Government Advocate For 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.

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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 Revenue Divisional Officer (LAO) 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.M.P.Senthil, learned counsel for the petitioner, Mr.M.Lingadurai, learned Government Advocate appearing for the first and second respondents and Mr.Arul Vadivel @ Sekar, learned counsel appearing for the third 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 three (3) 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.

1. The District Collector / Arbitrator, Madurai.

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+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-24349[F] dated 29/07/2021 ) W.P.(MD).No.12843 of 2021 28.07.2021 RD(9.08.2021) 3P 4C 3/3