IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2022 CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.19767 of 2022 and W.M.P.No.19065 of 2022 Y.Jagadeesa Thilagan ... Petitioner vs.
1. The Special District Revenue Officer (LA), NH 205, No.3 & 4, Lal Bahadur Sasthri Street, Periyakuppam Railway Road, Near Thulasi Theatre, Thiruvallur – 602 001. 2. The Project Director, National Highways Authority of India, Project Implementation Unit-Chennai, “Sri Tower”, 3rd Floor, DP-34(SP), Industrial Estate, Guindy, Chennai – 32. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to pay the petitioner the enhanced compensation as per the proceedings of the Arbitrator and District Collector, Thiruvallur in Rc.No.26926-4/2016/F2/Arbitration dated
28.08.2020.
For Petitioner : Mr.K.Sakthivel For Respondents : Mr.G.Krishna Raja Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to pay the petitioner the enhanced compensation as per the proceedings of the Arbitrator and District Collector, Thiruvallur in Rc.No.26926-4/2016/F2/Arbitration dated
28.08.2020.
2. The learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that petitioner's properties in S.Nos.121/4A1B, 124/3A1A2 and 124/2A1B, of an extent of 334 sq.mts situated in Sevvapettai Village, were acquired by the respondents for the purpose of widening the National Highways-205 into four lane from Alamelumangapuram to Pakkam Village and an Award was passed in Award No.43/12 dated 31.08.2012 and the compensation was determined vide proceedings of the first respondent dated 11.02.2019. Aggrieved by the same, the petitioner preferred Arbitration petition before the Arbitrator and District Collector, Tiruvallur seeking for enhancement of the said compensation of the first respondent, pursuant to which, the Arbitrator and District Collector passed an arbitration award, vide proceedings dated 28.08.2020. However, till date, the enhanced compensation as per the proceedings of the Arbitrator and District Collector dated 28.08.2020 was not disbursed to the petitioner. Hence the present Writ Petition.
4. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the first respondent, to disburse the enhanced compensation fixed as per the proceedings of the Arbitrator and District Collector, Tiruvallur dated 28.08.2020 and pass appropriate orders within a time frame fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
7. Considering the limited request made by the learned counsel for the petitioner, this Court issues direction to the first respondent to to disburse the enhanced compensation to the petitioner as per the proceedings of the Arbitrator and District Collector, Tiruvallur dated 28.08.2020, if there is no legal impediment, within a period of twelve weeks from the date of receipt of a copy of this order .
8. Accordingly, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
04.08.2022 RAP Index : Yes/No Speaking order : Yes/No To:
1. The Special District Revenue Officer (LA), NH 205, No.3 & 4, Lal Bahadur Sasthri Street, Periyakuppam Railway Road, Near Thulasi Theatre, Thiruvallur – 602 001. 2. The Project Director, National Highways Authority of India, Project Implementation Unit-Chennai, “Sri Tower”, 3rd Floor, DP-34(SP), Industrial Estate, Guindy, Chennai – 32.
M.DHANDAPANI, J.
RAP
04.08.2022
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