Madras High Court
R.Natarajan vs The District Collector Cum ... on 25 February, 2021
W.P.No.3943 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.2513 of 2021
R.Natarajan ... Petitioner
Vs
1.The District Collector cum Arbitrator
Under the National Highways Act
Collectorate
Salem.
2.The Competent Authority &
Special District Revenue Officer (L.A)
National Highways 68,
3D/8, Ram Nagar, Swarnapuri 2nd Gate
Salem
Salem District.
3.National Highways Authority of India
Rep. by its Project Director
Project Implementation Unit
Sri Nagar Colony
Narasothipatti
Salem – 636 007. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the first respondent to
conduct an enquiry for re-dermination of compensation under Section
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1/5
W.P.No.3943 of 2021
3(G)(5) of the National Highways Act, 1956 in the light of the judgment
passed by the Hon'ble Supreme Court in the case of Union of India Vs.
Tarsem Singh and others, reported in [(2019) 9 SCC 304] and grant the
solatium and interest within a stipulated time.
For Petitioner : Mr.K.Muthukumar
for M/s.Paul & Paul
For Respondents : Mr.D.Raja
Additional Government Pleader [R1 & R2]
Mr.Su.Srinivasan [R3]
ORDER
The petitioner has challenged the award passed under Section 3(G)(5) of
the National Highways Act, 1956 before the Statutory Arbitrator cum the
District Collector, Salem, the first respondent herein. The said
proceeding is pending consideration by the Arbitrator since 2011.
2. The only prayer of the petitioner is that he be awarded solatium and
interest on solatium etc., in view of the declaration by the Hon'ble
Supreme Court that Section 3J of the National Highways Act, 1956 is
unconstitutional. He also relied on the authorities Indore Development
Authority Vs. Manoharlal and others [(2020) 8 SCC 129]; Union of
https://www.mhc.tn.gov.in/judis/
W.P.No.3943 of 2021
India and another Vs. Tarsem Singh and others [ (2019) 9 SCC 304];
Sunita Mehra and another Vs. Union of India and others [(2019) 17
SCC 672] and T.Chakrapani and others Vs. Union of India [(2011) 7
MLJ 858].
3. Heard Mr.D.Raja, learned Additional Government Pleader for the
respondents.
4. This Court informs the Arbitrator that the matter is still pending
adjudication by him and no finality has yet been arrived at, and in this
circumstances, it will be only appropriate for the District Collector not to
ignore the authoritative pronouncement of the Hon'ble Supreme Court.
The District Collector cum Statutory Arbitrator, Salem / first respondent
is now required to dispose of the arbitral proceedings pending before him
by applying his mind to every evidenciary aspects and legal aspects
involved in the matter, within a period of 12 weeks rom the date of
service of order copy, subject to such time that may be lost in
responsibilities connected with the ensuing General Election of the Tamil
Nadu State Legislative Assembly, 2021.
https://www.mhc.tn.gov.in/judis/
W.P.No.3943 of 2021
5. This writ petition is disposed of accordingly. No costs.
25.02.2021
ds
Index : Yes / No
Internet : Yes / No
Speaking Order / Non-speaking Order
Note: Issue copy on 26.02.2021
1.The District Collector cum Arbitrator
Under the National Highways Act
Collectorate
Salem.
2.The Competent Authority &
Special District Revenue Officer (L.A)
National Highways 68,
3D/8, Ram Nagar, Swarnapuri 2nd Gate
Salem
Salem District.
3.National Highways Authority of India
Rep. by its Project Director
Project Implementation Unit
Sri Nagar Colony
Narasothipatti
Salem – 636 007.
https://www.mhc.tn.gov.in/judis/
W.P.No.3943 of 2021
N.SESHASAYEE.J.,
ds
.
W.P.No.2513 of 2021
25.02.2021
https://www.mhc.tn.gov.in/judis/
