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The Project Director vs D.Nagarathinammal
2023 Latest Caselaw 12903 Mad

Citation : 2023 Latest Caselaw 12903 Mad
Judgement Date : 21 September, 2023

Madras High Court
The Project Director vs D.Nagarathinammal on 21 September, 2023
                                                             W.A.Nos.2610, 2608 & 2595 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 21.09.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                       W.A.Nos.2610, 2608 & 2595 of 2023

                     The Project Director
                     National Highways Authority of India
                     Project Implementation Unit – Chennai
                     “Sri Towers”, 3rd Floor, DP-34 (SP)
                     Industrial Estate, Guindy
                     Chennai – 600 032.                         ..    Appellant in all W.As

                                                       Vs.

                     1. D.Nagarathinammal

                     2. The Competent Authority cum
                         Special District Revenue Officer (Land Acquisition)
                        National Highways 205
                        No.3&4, Lal Bagadhur Sasthiri St
                        Periyakuppam Railway Station
                        (Near) Thulasi Theatre                      Respondents in

Thiruvallur – 602 001. .. W.A.No.2610 of 2023

1. S.Babu

2. The District Collector Namakkal District, Namakkal.

https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

3. The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Respondents in Thummankurichi, Namakkal. .. W.A.No.2608 of 2023

1. J.Banumathi

2. The Arbitrator & District Collector Thiruvallur District.

3. The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Respondents in Thiruvallur – 602 001. .. W.A.No.2595 of 2023

Prayer in W.A.No.2610 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.14768 of 2021 dated 16.11.2021;

Prayer in W.A.No.2608 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.744 of 2021 dated 04.10.2021;

Prayer in W.A.No.2595 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.193 of 2022 dated 24.01.2022.

For the Appellant : Mr.S.Srinivasan

For the Respondents in : Ms.M.F.Shabana W.A.No.2610 of 2023 for R1

Mrs.R.Anitha Special Government Pleader for R2

https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

For the Respondents in : Ms.M.F.Shabana W.A.Nos.2608 & 2595 for R1 of 2023 Mrs.R.Anitha Special Government Pleader for R2 & R3

COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice)

Heard Mr.S.Srinivasan, learned counsel for the appellant in all

the writ appeals, Ms.M.F.Shabana, learned counsel appearing for the

private respondents in all the appeals and Mrs.R.Anitha, learned

Special Government Pleader, appearing for the official respondents

in all appeals.

2. We have disposed of a batch of writ appeals in W.A.No.1970

of 2023 & etc. batch vide order dated 23.08.2023, which is similar to

these present appeals.

3. In view of that, we follow the same course in these

appeals:

https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

(i) The appellant shall deposit 50% of the

compensation amount with the concerned Court

within a period of ten weeks from today;

(ii) The original petitioners are at liberty to apply for

the withdrawal of the said amount, which application

shall be considered by the concerned District Judge,

on its own merits and after hearing all parties

concerned, appropriate orders shall be passed;

(iii) The present appellant may also seek further

orders on the stay petition before the learned District

Judge;

(iv) Depending upon the order, that may be passed

by the learned District Judge on the application of

the original petitioners for withdrawal of the amount,

further steps may be taken with regard to the

amount, if lying in the Court, such as to invest the

https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

same in a Nationalised Bank or otherwise;

(v) Considering the huge amount involved, the

learned District Judge, with whom the application

under Section 34 of the Arbitration and Conciliation

Act, 1996 is pending, may endeavour to decide the

application under Section 34 of the Arbitration and

Conciliation Act, 1996 expeditiously.

4. With these observations, these writ appeals stand disposed

of. There will be no order as to costs. Consequently,

W.M.P.Nos.22018, 22011 & 21949 of 2023 are closed.

                                                                  (S.V.G., CJ.)             (P.D.A., J.)
                                                                                  21.09.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm







https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

To

1. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205 No.3&4, Lal Bagadhur Sasthiri St Periyakuppam Railway Station (Near) Thulasi Theatre Thiruvallur – 602 001.

2. The District Collector Namakkal District, Namakkal.

3. The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Thummankurichi, Namakkal.

4. The Arbitrator & District Collector Thiruvallur District.

5. The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Thiruvallur – 602 001.

https://www.mhc.tn.gov.in/judis W.A.Nos.2610, 2608 & 2595 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.A.Nos.2610, 2608 & 2595 of 2023

21.09.2023

https://www.mhc.tn.gov.in/judis

 
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