IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.09.2022 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24517 of 2022 K.P.Ramasamy ...Petitioner Vs.

1.The District Collector, Cum Arbitrator, Salem District.

2.The Special District Revenue Officer, (Land Acquisition), The Competent Authority Land Acquisition, National Highways-68, Room No.414, 4th Floor, Collector Office Building, Salem-636001.

3.The Project Officer, National Highways Authority of India-68, Salem. ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1^st respondent to dispose the arbitration case No.556/2012 by considering petitioner's representation dated 30.07.2022 within a time framed manner.

For Petitioner : Mr.K.Sudhakar For Respondents : Mr.V.Manoharan (for R1)

Additional Government Pleader : Mr.Su.Srinivasan (for R2 and R3)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1^st respondent to dispose the arbitration case No.556/2012 by considering petitioner's representation dated 30.07.2022 within a time framed manner.

2. The learned Government Advocate takes notice for the official respondent. 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 the petitioner is the owner of the property in S.F.No.290/3A1, 4A1.4A, 444/4A, 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A, 13A, 14A, to extent of 3,170 sq.mtrs situated at Kattukottai, Keelkuppam, Chinnasalem Taluk, Kallakurichi District. The said land was acquired under the National Highways Act for formation of 6 lane roads on NA.No.68 in Salem District. Thereafter, the original authority passed an award under Section 3G3 of the act, against which the petitioner preferred an appeal before the District Collector under Section 3G5 of the Act to dispose the arbitration case No.556/2012. However, till date no orders have been passed. Hence, this writ petition is filed with the aforesaid prayer. 4. The learned counsel appearing for the petitioner submitted that during the pendency of the arbitration case before the 1^st respondent the Hon'ble Apex extended the Section 28 of the Land Acquisition Act to the National Highways Act. Hence, the petitioner is entitled to receive interest. Accordingly, this Court may issue direction to dispose arbitration case in terms of (2019) 9 SCC 304.

5. The learned Additional Government Pleader for the respondents submitted that the arbitration case will be disposed by the respondents within a reasonable time fixed by this Court.

6. The learned counsel appearing for the National Highways submitted that the court may issue direction to dispose of the arbitration case, if not already disposed.

7. Considering the limited request made by the petitioner, this court is inclined to direct the 1^st respondent to dispose of the arbitration case filed by the petitioner, if not already disposed in terms of (2019) 9 SCC 304 and in accordance with law, 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.

13.09.2022 Speaking Order : Yes/ No Index : Yes/ No psa To

1.The District Collector, Cum Arbitrator, Salem District.

2.The Special District Revenue Officer, (Land Acquisition), The Competent Authority Land Acquisition, National Highways-68, Room No.414, 4th Floor, Collector Office Building, Salem-636001.

3.The Project Officer, National Highways Authority of India-68, Salem.

M.DHANDAPANI,J.

Psa

13.09.2022