O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the 1st respondent to comply with the provisions of the Arbitration and Conciliation Act 1996 and pass orders in the petitioner's claim petition dated 11.07.2022 and additional petition dated 16.08.2022 filed under Section 3(G) of the National Highways Act by providing the copies of documents relied upon by the land acquisition authorities for fixing the land and building value and the registration data obtaining from the Registration department under Section 26(b) of the Central Act 30 of 2013 and granting opportunity for the petitioner to participate in the arbitration proceedings and obtaining valuation report for the petitioner's building and fittings in S.No.498/2F2 ( 213 sq. Mtrs) and 498/2G ( 896.04 Sq. Mtrs) in Virupatchipuram village, Dharmapuri Taluk and District from competent engineer as per Section 29(i) of the Central Act 30 of 2013 and consequently forbear the respondents 2 and 3 from demolishing the building till such time, the 1st respondent complies with provisions of Section 29 of the Right to fair compensation and transparency in land acquisition Rehabilitation and settlement Act 2013 ( Central Act 2013 for determination of market value of building and fittings and pass orders.

2. The case of the petitioner is that the the 2nd respondent has acquired the petitioner's land and passed an award on 06.07.2022. Thereafter, the petitioner filed a claim petition before the 1st Respondent under Section 3G(5) of the National Highways Act seeking to set aside the impugned award dated 06.07.2022. Subsequently on 16.08.2022, the petitioner has also filed a additional petition under Section 17 of Arbitration and Conciliation Act, 1996 before the 1st and 2nd Respondents to grant an interim injunction restraining the respondent authorities from dispossessing the petitioner from his property demolishing the subject property. The grievance of the petitioner is that the 2nd respondent without assessing the correct value of the property has fixed a meagre compensation. Hence this petition.

3. The learned counsel for the petitioner submitted though the petitioner has filed a petition before the first respondent under Section 3G(5) of the National Highways Act and under Section 17 of Arbitration and Conciliation Act, 1996 the same was not considered. He further submits that there was a very good infrastructure in the petitioner's land but the 2nd respondent has erroneously fixed a very meagre compensation. Hence he prays this Court to issue a direction to the first respondent to appoint a competent engineer, who will assess the value of the property and after obtaining the valuation report from him, the authorities concerned can determine the compensation.

4. Heard both sides and perused the materials available on record.

5. Considering the limited relief sought for by the petitioner this Court directs the first respondent to consider the petitioner's petition dated 11.07.2022 filed under Section 3G(5) of the National Highways Act and fix the value of the petitioner's property. The said exercise shall be carried out by the first respondent within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above terms, this present writ petition is disposed of. No costs. Consequently the connected miscellaneous petition is closed.

07.09.2022 Speaking Order : Yes/ No Index : Yes/ No smn To

1. The District Collector/Sole Arbitrator ( Under Section 3G(5) of the Arbitration &

Conciliation Act 1996)

Dharmapuri District, Collectorate complex, Dharmapuri 636 705.

2. Special District Revenue Officer- Land Acquisition National highways – 844 ( Hosur – Royakottai – Dharmapuri Section )

Dharmapuri.

3. National highways Authority of India Represented by its Project Director( NH 844)

PIU – Krishnagiri

259/1, Salem Main road, Near KAKC Petrol Bunk, Krishnagiri M.DHANDAPANI,J.

smn and W.M.P.No.22960 of 2022

07.09.2022