Citation : 2023 Latest Caselaw 12903 Mad
Judgement Date : 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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