Madras High Court
N.Sarasu vs The District Collector Cum ... on 23 February, 2021
W.P.No.3730 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on : 23.03.2021
Judgment Pronounced on : 07.10.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.3730 of 2021
N.Sarasu ..... Petitioner
Vs
1.The District Collector cum Arbitrator
Tirupur District.
2.The Competent Authority and
Special District Revenue Officer (LA)
N.H.47 & 67, Coimbatore
3.The Project Director
National Highways-47
Coimbatore. ..... Respondents
[R3 suo-motu impleaded Vide Order dated 23.02.2021
in W.P.No.3730 of 2021]
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus to direct the respondents to pay the
solatium with interest by considering petitioner's representation dated
03.11.2020 within time framed manner.
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.3730 of 2021
For Petitioner : Mr.K.Sudhakar
For Respondents : Mr.E.Manoharan
Special Government Pleader [R1 & R2]
Mr.Su.Srinivasan
Standing Counsel for R3
ORDER
The petitioner in this case seeks a direction to the respondents to dispose of her
representation dated 03.11.2020, seeking solatium and interest.
2. The property of the petitioner admittedly is acquired under the provisions of
the National Highways Act. Dissatisfied with the quantum of compensation
paid, the petitioner has approached the first respondent with her claim
application dated 03.11.2020. The statutory arbitrator however, has not
disposed of his representation, and hence this petition.
3. Mr.D.Raja, Additional Government Pleader enters appearance for the
respondents 1 and 2. The Project Director, NHAI, Coimbatore, is suo-motu
impleaded in this case as third respondent, and Mr.Su.Srinivasan, Standing
Counsel takes notice for NHAI.
https://www.mhc.tn.gov.in/judis/
W.P.No.3730 of 2021
4. This Court Vide its order dated 04.10.2021 in W.P.No.697 of 2021 batch of
cases etc., has taken a view that the solatium and interest is payable, based on
the dictum in Tarsem Singh v Union of India [(2019) 9 SCC 304], even as
regarding the cases disposed of by the Competent Authority or the statutory
arbitrator prior to Tarsem Singh case. The judgement of this Court in
W.P.No.697 of 2021 batch of cases may be read as part of this Order
5. This Court holds that the petitioner is entitled to be paid the solatium and
interest in terms of the judgement in Tarsem Singh v Union of India [(2019) 9
SCC 304] and directs the first respondent to dispose of arbitral proceedings
within a period of one month from the date of receipt of copy of this Order, and
he is further directed to grant solatium and interest in terms of the dictum in
Tarsem Singh case. No costs.
07.10.2021
Index : Yes / No
Internet : Yes / No
Speaking order / Non-speaking order
ds
https://www.mhc.tn.gov.in/judis/
W.P.No.3730 of 2021
N.SESHASAYEE.J.,
ds
To:
1.The District Collector cum Arbitrator
Tirupur District.
2.The Competent Authority and
Special District Revenue Officer (LA)
N.H.47 & 67, Coimbatore
3.The Project Director
National Highways-47
Coimbatore.
Pre-delivery order in
W.P.No.3729 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
