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Madras High CourtWP(MD)/14455/2023dismissed

Lanin.P.S v. The Secretary

2024-01-30Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 30.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.14455 of 2023 P.S.Lanin

...Petitioner

/Vs./ 1.The Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No. 1, Parliament Street, New Delhi.

2.The General Manager, Regional Office, The National Highways Authority, Mattuthavani, Madurai.

3.The Project Director Cum DGM (Tech), No.314e, K.P. Road, Near Ayappan Kovil, Parvathipuram, Nagercoil 629 003, Kanyakumari District.

4.The District Collector / Arbitrator, Kanyakumari District, Nagercoil.

5.***** (R5 is Deleted Vide Court Order Dated 20.06.2023)

...Respondents

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Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to release the funds required for payment of compensation for the petitioner's S.No.338/13B Aralvaoimozhi Village, Thovalai Taluk, Kanyakumari District as awarded by the 4th respondent in the Arbitration Award dated 28.02.2019 together with all benefits and interest as per Section 80 of the Act 30/13 by passing orders on the representation dated 13.09.2022. For Petitioner : Mr.G.Justin For Respondents : Mr.Karthikeyavenkitachalapathy (R1) Senior Panel Counsel for Central Govt.

Mr.Su.Srinivasan (R2 & R3) Standing Counsel for NHAI Mr.D.Gandhiraj (R4) Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents 1 and 2 to release the funds required for payment of compensation for the petitioner's S.No.338/13B Aralvaoimozhi Village, Thovalai Taluk, Kanyakumari District as awarded by the 4th respondent in the Arbitration Award dated 28.02.2019 together with all benefits and interest as per Section 80 of the Act 30/13 by passing orders on the representation dated 13.09.2022.

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2. The case of the petitioner is that the subject property owned by the petitioner and others was acquired by the National Highways and an award was also passed to that effect. Thereafter, modification award was also passed, which was appealed by the petitioner herein, wherein award was also passed fixing the market value and 100% solatium, 12% additional compensation and 9% interest, which was not paid to the petitioner till date. The petitioner made several representations in this regard. Since the amount has not been released till date, the present writ petition has been filed.

3. The learned counsel appearing for the respondents 2 and 3 by way of filing counter affidavit submits that the petitioner after receiving compensation had filed arbitration petition before the fourth respondent, who had conducted enquiry and issued order to enhance the land value based on the guideline value and accordingly, the fifth respondent paid the enhanced compensation, which has also been paid to the petitioner by way of ECS cheque along with interest at 9%. The arbitral award could be challenged within the period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996, which the petitioner did not choose to do. Hence, the arbitral award has attained finality and prayed for dismissal of this writ petition. 3/6

4. Heard the learned counsel appearing for the petitioner and the learned counsel and Government Pleader appearing for all the respondents.

5. On going through the averments, it is clear that the petitioner's land was acquired by NHAI and the authorities have fixed the compensation, which was also paid to the petitioner and it was enhanced by an arbitral award, which was also paid to him in the year 2018 itself. Now, the petitioner seeking further compensation to which he is not entitled by invoking Article 226 of the Constitution of India by way of filing writ petition is not reasonable and this Court has no jurisdiction to entertain it. Hence, the writ petition is liable to be dismissed and accordingly, the same is dismissed. No costs. 30.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector / Arbitrator, Kanyakumari District, Nagercoil.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.14455 of 2023 Dated:

30.01.2024 6/6