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2015 Supreme(Mad) 240

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. RAJENDRAN, J.
A. Karthik - Appellant
Versus
The Collector/The Arbitrator, Collectorate, Tuticorin & Another - Respondents
W.P. (MD) No. 137 of 2015
Decided on: 07-01-2015

Advocates:
Advocate Appeared:
For the Petitioner:B. Rajesh Saravanan, Advocate.
For the Respondents: R. Karthikeyan, Additional Government Pleader.

Timely disposal of arbitration proceedings under the National Highways Act, 1956 is imperative.

Headnote:

National Highways Act, 1956 - Arbitration Proceedings - Delay in passing orders

Fact of the Case:

The petitioner's father's land was acquired for the expansion of National Highways, and the compensation awarded was deemed insufficient. An Arbitration Petition for enhancement of compensation was filed, but no order had been passed despite the proceedings being pending for a long time.

Finding of the Court:

The court directed the authority concerned to consider and pass orders in the arbitration proceedings within a period of two months from the date of receipt of the court's order.

Issues: Delay in passing orders in the arbitration proceedings under the National Highways Act, 1956.

Ratio Decidendi: The court emphasized the requirement for timely disposal of arbitration proceedings under the National Highways Act, 1956, and directed the authority to adhere to the specified timeline for passing orders.

Final Decision: The Writ Petition was disposed of with the direction for the authority to pass orders in the arbitration proceedings within two months.

Judgment

1. Mr. R. Karthikeyan, learned Additional Government Pleader takes notice for the respondents.

2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3. The learned counsel for the petitioner would submit that the land of the petitioner's father was acquired by the second respondent for the purpose of expansion of National Highways and compensation has been awarded by Award No.44/2009, dated 11.02.2010. Since the amount of compensation is very less, the petitioner's father had filed an Arbitration Petition for enhancement of compensation and the same is pending before the first respondent. The second respondent has also filed his written arguments as early as on 03.04.2013 and the petitioner has made a representation on 20.08.2014 before the first respondent and in spite of the same, so far, no order has been passed in the arbitration proceedings. Further, he submitted that under the National Highways Act, 1956, the arbitration proceedings has to be disposed of within a period of six months from the date of such reference. Since no order has been passed so far, the petitioner has come forward with this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents would submit that orders will be passed at the earliest.

5. Considering the fact that the arbitration proceedings is pending for quite long time and even arguments of both sides was over, the authority concerned is directed to consider and pass orders in the arbitration proceedings within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.



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