IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.04.2022

CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

W.P. No.9147 of 2022

P.M.Roga Barani

...Petitioner

Vs.

1. The District Collector/Arbitrator,

Cuddalore,

Cuddalore District.

2. The Special District Revenue Officer,

Land Acquisition,

National Highways-45A,

Collector Office Complex,

Cuddalore District.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution

of India praying for issuance of a Writ of Mandamus, directing

the first respondent herein to pass orders on the petitioner's

representation dated 27.09.2019 and 28.02.2022 with regard to

enhancement of the compensation amount awarded in Arbitration

award passed by the second respondent herein in his proceedings

Na.Ka.Tha.Na.45A/Ne.A/A1/32/2014 dated 12.07.2018, taking into

account all relevant factors including the present day market

value, solarium with interest, on merits and in accordance with

law within a time frame as fixed by this Court.

For Petitioner : Mr.G.Bala and Daisy

For Respondents: Mr.M.Murali

Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a

Writ of Mandamus to direct the first respondent herein to pass

orders on the petitioner's representations dated 27.09.2019 and

28.02.2022 with regard to enhancement of the compensation amount

awarded in Arbitration award passed by the second respondent

herein in his proceedings Na.Ka.Tha.Na.45A/Ne.A/A1/32/2014 dated

12.07.2018, taking into account all relevant factors including

the present day market value, solatium with interest, on merits

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and in accordance with law, within a time frame as may be fixed

by this Court.

2.The grievance of the petitioner is that the petitioner's

land was acquired by the second respondent for the purpose of

expanding the National Highways 45A (Villupuram-Pondicherry-

Cuddalore-Nagapattinam). However, they fixed only very meagre

compensation without considering the value of the residential

property, commercial building, wells, and trees. Subsequently,

the petitioner came to know that the respondents had granted

higher amount of compensation to the adjoining properties.

Hence, the petitioner has made appeals/representations dated

27.09.2019 and 28.02.2022 before the first respondent under

Section 3G (5) of the National Highways Act, seeking

determination of the award amount. As the said representations

made by the petitioner has evoked no response from the first

respondent/Arbitrator, the petitioner has filed the present Writ

Petition.

3.Though very many grounds have been raised, learned

counsel for the petitioner submits that it would suffice, if

this Court issues direction to the first respondent to consider

the petitioner's appeals/representations dated 27.09.2019 and

28.02.2022 and pass orders on the same within a particular time

frame that may be fixed by this Court.

4.The learned Government Advocate appearing for the

respondents has no objection for said order being passed.

5.In view of the aforesaid submissions, this Court, without

expressing any opinion on the merits of the case, directs the

first respondent to consider the petitioner's appeals/

representations dated

27.09.2019 and 28.02.2022

and pass

appropriate orders on the same on merits and in accordance with

law, within a period of twelve weeks from the date of receipt of

a copy of this order.

6. With the above direction, this Writ Petition is disposed

of. No costs.

Sd/-

Assistant Registrar(CS-VI)

//True Copy//

Sub Assistant Registrar

jd/rap

https://hcservices.ecourts.gov.in/hcservices/

To

1. The District Collector/Arbitrator,

Cuddalore,

Cuddalore District.

2. The Special District Revenue Officer,

Land Acquisition,

National Highways-45A,

Collector Offi