Kuppusamy v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kuppusamy ... Petitioner Vs.

1.The Secretary, Ministry of Road Transport and Highway, Transport and Highway, Transport Bhavan, New Delhi 110001.

2.The District Collector, Office of the Collectorate Building, Dindigul District.

3.The Special District Revenue Officer (Land Acquisition) National Highway 209, National Highway Office, Dr.Abdulkalam Veethi, Seenamanayakkanpatti, Dindigul District.

4.The Project Director, National Highway Authority of India, Dindigul.

5.The Special Tahsildar, Land Acquisition National Highway, Palani, Dindigul District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1, 3 and 4 to appoint an arbitrator so as to enhance the compensation award for the petitioner acquired property in project of Dindigul to Pollachi National Highway No. 209 scheme in the light of the reference under section 3G(5) of National Highways Act, 1956 by considering the petitioner's representation dated 04.10.2023, within time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.K.Govindarajan DSGI for R1 : Mr.S.Ra.Ramachandran Additional Government Pleader for R2, R3 & R5 : Mr.P.Karthik for R4

ORDER

Heard both sides.

2. The writ prayer has not been properly worded. The central government has appointed the jurisdictional District Collector as arbitrator under Section 3G(5) of the National Highways Act, 1956. The petitioner's lands had been acquired. The compensation fixed by the authority is not acceptable to the petitioner. The petitioner has already filed a petition before the second respondent.

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3. The second respondent is directed to dispose of the petition mentioned proceedings bearing Na.Ka.No.965706/2023/I1, dated 2.06.2023 on merits and in accordance with law within a period of six months and pass final award.

4. The Writ Petition is disposed of accordingly. No costs. 17.10.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Office of the Collectorate Building, Dindigul District.

2.The Special District Revenue Officer (Land Acquisition) National Highway 209, National Highway Office, Dr.Abdulkalam Veethi, Seenamanayakkanpatti, Dindigul District.

3.The Special Tahsildar, Land Acquisition National Highway, Palani, Dindigul District.

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G.R.SWAMINATHAN, J.

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