Deivaraj v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15693 of 2020 Deivaraj

...Petitioner

-Vs1.The Project Director, National Highways Authority of India, Natarajapuram Colony, Thanjavur.

2.The District Collector, Thanjavur.

3.The Authorized Officer & Special District Revenue Officer, Land Acquistion, National Higways, (Perambalaur, Trichy, Pudukkottai and Thanjavur Districts), Trichy.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus,directing the second respondent to pass order on petitioner's appeal dated 29.10.2010 for the enhancement of the compensation for his land in Sengipatti Village S.F.No.36/2A, measuring 1553 sq.meter, Thanjavur Taluk, Thanjavur District acquired for the extension of the National Highways 67, Thanjavur to Trichy.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader.

ORDER

This writ petition has been filed to direct the second respondent to pass order on petitioner's appeal, dated 29.10.2010 for the enhancement of the compensation for his land in Sengipatti Village S.F.No.36/2A, measuring 1553 sq.meter, Thanjavur Taluk, Thanjavur District acquired for the extension of the National Highways 67, Thanjavur to Trichy.

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2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.S.Muthukrishnan, learned counsel for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who accepts notice for the respondents.

4. According to the petitioner, the petitioner's land in S.F.No.36/2A, Thanjavur Taluk, Thanjavur District was acquired for extension of the four lane road in National Highways 67 in the year 2009. The petitioner was paid with a sum of Rs.2,34,993.74/- as compensation by the third respondent. As the said compensation was disproportionate to the market value, the petitioner submitted an appeal before the second respondent on 29.10.2010. The petitioner also appeared for enquiry on a notice by the second respondent. Thereafter, no order has been passed on the said appeal and the same is pending for the past 10 years before the second respondent. Hence, the petitioner filed the present writ petition.

5. The learned Special Government Pleader appearing for the respondents submitted that the appeal filed by the petitioner would be disposed of shortly.

6. In view of the submission, made by the learned Special Government Pleader, this writ petition is disposed of with a direction to the second respondent to dispose of the appeal filed by the petitioner dated 29.10.2010, if not already disposed of, within a period of 120 days from the date of receipt of a copy of this order. The copy of the decision taken by the second respondent shall be furnished to the petitioner. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ta 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. 2/3

To 1.The Project Director, National Highways Authority of India, Natarajapuram Colony, Thanjavur.

2.The District Collector, Thanjavur.

3.The Authorized Officer & Special District Revenue Officer, Land Acquistion,National Highways, (Perambalaur, Trichy, Pudukkottai and Thanjavur Districts), Trichy.

+1 CC to M/s.GP ( SR-21792[F] dated 10/11/2020 ) W.P.(MD)No.15693 of 2020 09.11.2020 SS(CO) AP(20/11/2020) 3 P 5C 3/3