Madras High Court
R. Geethanjali vs The District Collector Cum ... on 20 July, 2021
W.P. No.14200 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
W.P. No. 14200 of 2021
1. R. Geethanjali
2. K. Ramya
3. K. Harigovind
4. A.Suri @ A.Suriyanarayanan
5. S.Vijaya
6. S.Rajesh
7. K. Divya
(petitioners 5 to 7 are represented by
their common power of attorney
namely 8th petitioner)
8. A. Narayanan @ Suriyanarayanan ... Petitioners
Vs
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.14200 of 2021
1. The District Collector cum Arbitrator,
National Highways( Land Acquisition),
Thiruvallur District Collector Office,
Thiruvallur - 602 001.
2. The District Revenue Officer and
Competent Authority,
Land Acquisition National Highways,
Thiruvallur, Thiruvallur District ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus, directing the first respondent to implement the order passed in
Arbitration OP 54 of 2009 on 13.06.2018 by the Arbitral Tribunal cum District
Judge, Thiruvallur by holding enquiry for re-fixation of compensation in respect of
petitioners' land acquired in Survey NO.55/1B measuring an extent of 0.01.0
hectares at Thandalkazhani Village, Ambattur Taluk, Thiruvallur District,
consequently direct the first respondent to implement the law laid down by our
Hon'ble Supreme Court of India as per reported judgment in 2019(9) SCC page
304 in the case of Union of INdia and another Vs. Tarsem Singh and others situate
at Thandalkazhani Village, Ambattur Taluk, Thiruvallur District in awarding
statutory benefits as per Section23(1)A, 23(2) and 28 of Land Acquisition Act
1894 to the land acquired under National Highways Act.
For petitioner ... Mr. K.M.Venugopal
For respondents ... Mr. Yogesh Kannadasan,
Government Advocate
2/6
https://www.mhc.tn.gov.in/judis/
W.P. No.14200 of 2021
ORDER
This writ petition has been filed to direct the first respondent to
consider the arbitration proceedings.
2. According to the petitioners, earlier, the petitioners' lands
were sought to be acquired and award was also passed. Challenging the
award, the petitioners and the other land owners have filed arbitration
proceedings before the first respondent/District Collector and the first
respondent has confirmed the award. Challenging the arbitral award, the
petitioners have filed a petition in Arbitration O.P.No.54 of 2009 on the file
of the Principal District Court, Tiruvallur. After considering the materials,
the Principal District Judge, vide judgment and decree dated 13.06.2018,
has set aside the arbitral award and remanded back the matter to the first
respondent/district Collector for reconsideration and re-fixation of market
value afresh. But, so far, no order has been passed. hence, the present writ
petition has been filed.
https://www.mhc.tn.gov.in/judis/
W.P. No.14200 of 2021
3. The learned counsel for the petitioners would submit that
after remand, so far the first respondent has not passed any order and hence,
the first respondent may be directed to pass orders, after hearing the
petitioners within a time frame fixed by this Court.
4. The learned Government Advocate, appearing for the
respondents, on instructions, would submit that now, the first
respondent/District Collector, assures to consider the matter afresh and pass
orders within a period of four weeks.
5. Considering the above said submission, the first
respondent/District Collector is directed to consider the arbitration
proceedings and pass suitable orders, after hearing the petitioners as per the
order of remand passed by the learned Principal District Judge, Tiruvallur
within a period of four weeks from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis/
W.P. No.14200 of 2021
6. With the above directions, this writ petition is disposed of .
No costs.
20.07.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mrp
To
1. The District Collector cum Arbitrator,
National Highways( Land Acquisition),
Thiruvallur District Collector Office,
Thiruvallur - 602 001.
2. The District Revenue Officer and
Competent Authority,
Land Acquisition National Highways,
Thiruvallur, Thiruvallur District
https://www.mhc.tn.gov.in/judis/
W.P. No.14200 of 2021
V. BHARATHIDASAN, J.
mrp
W.P. No. 14200 of 2021
20.07.2021
https://www.mhc.tn.gov.in/judis/
