C.Vijayakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA C.Vijayakumar .. Petitioner Vs.
1.The District Collector, Madurai District, Madurai-625 002.
2.The Special Officer cum Special District Revenue Officer, Land Acquisition National Highway No.744-A, Unit III, Baskar Complex No.5, Ramamurthi Street, Chokkikulam, Madurai-625 002.
3.Tahsildar (Land Acquisition), National Highway No.744-A, Union-III, Madurai.
4.The Project Director, Regional Office, National Highways Authority of India, Plot No.3, Suriya Towers, First East Street, K.K.Nagar, Madurai-625 020.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the first respondent herein to forthwith consider the petitioner's appeal dated 31.05.2023 under section 3(g)(5) of the National Highways Act in respect of the acquisition of lands of the petitioner of an extent of 710 square meters in Survey No.1/6A1B in Iraniyam Village, Madurai North Taluk, Madurai District and enhance the compensation as prayed for in the appeal and to pass appropriate orders within a time frame to be fixed by this Court. For Petitioner :
Mr.R.Jothiraj For R1 to R3 :
Mr.D.S.Nedunchezhian Government Advocate For R4 :
Dr.R.Rajagobal
ORDER
The petitioner's property had been acquired for the purpose of forming a road to an extent of 710 square meters in Survey No.1/6A1B in Iraniyam Village, Madurai North Taluk, Madurai. Unsatisfied with the compensation granted, the petitioner had filed an appeal under Section Section 3G(5) of the National Highways Act, 1956 against the award passed in Award No.73 of 2020, dated 24.11.2020 seeking enhancement
of the compensation. This appeal, has not been disposed of to date. Therefore, the present writ petition.
2. Heard the learned counsel on either side.
3. Taking note of the fact that the petitioner's appeal has been filed as early as on 31.05.2023 under Section 3G(5) of the National Highways Act, a mandamus is issued to the first respondent to dispose of the same within a period of two months from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is allowed. No costs.
29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Collector, Madurai District, Madurai-625 002.
2.The Special Officer cum Special District Revenue Officer, Land Acquisition National Highway No.744-A, Unit III, Baskar Complex No.5, Ramamurthi Street, Chokkikulam, Madurai-625 002.
3.Tahsildar (Land Acquisition), National Highway No.744-A, Union-III, Madurai.
P.T.ASHA, J.
abr Dated: 29.10.2024