Writ Petition No. 4140 of 2012 · Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.7.2012 CORAMTHE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.4140 of 2012T.PALANISAMY [ PETITIONER ] Vs1 THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.2 THE COMPETENT AUTHORITY AND SPECIAL DRO (LA), NH-68 SALEM TO ULUNDURPET 68, RAM NAGAR @ 2ND GATE SWARNAPURI SALEM-4.3 THE SPECIAL TAHSILDAR (L.A)., NH-68 ATTUR RASIPURAM X ROAD ATTUR TALUK SALEM DISTRICT.[ RESPONDENTS ]This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to take consequential action by preparing necessary proposal on the basis of the Revaluation Report dated 17.6.2011 in Letter No.LA/2011/AEsubmitted by Divisional Engineer (NH) Salem-5 and forward the same to the first respondent for appropriate action. For petitioner : Mr.J.Srinivasa Mohan For respondents : Mr.S.Navaneethan AGP

O R D E RHeard the learned counsels appearing for the parties concerned.

It has been stated that the land in survey No.125/2F,belonging to the petitioner, in which a Kalyanamandapam, in the name of Venkateswara Thirumana Mandapam had been situated, was acquired for the widening of National Highways NH 68. The competent https://hcservices.ecourts.gov.in/hcservices/ authority had also passed an Award. The petitioner had raised adispute against the Award and had sought to settle the dispute, byway of arbitration, as provided under Section 3 G(5) of the National Highways Act, 1956. The first respondent, before whom the dispute had been raised, had forwarded the objections raised by the petitioner, to the second respondent, for further action. Thesecond respondent had forwarded the claim of the petitioner to the Divisional Engineer, National Highways, who had revalued the compensation amount to be paid to the petitioner and had submitted his report to the second respondent, vide his letter, dated17.6.2011.

It had been further stated that the petitioner had learnt that the Divisional Engineer, National Highways, Salem, had transmitted the revaluation proposal, duly verified and countersigned by him, to the second respondent. The third respondent has also stated, by his communication Na.Ka.No.119/2011,dated 3.10.2011, that he had taken necessary steps, based on the revaluation report of the Divisional Engineer, National Highways, Salem. However, the second and the third respondents had not sent their proposals for payment of the enhanced compensation, as prayed for by the petitioner, to the first respondent, for passing appropriate orders. In such circumstances, the petitioner has preferred the present writ petition, before this Court, under Article 226 of the Constitution of India.

In view of the limited relief prayed for by the petitioner, the second and the third respondents are directed to sent the necessary proposals, based on the revaluation report of the Divisional Engineer, National Highways, Salem, to the first respondent, for passing appropriate orders. The said exercise shall be done, by the second and the third respondents, within a period of eight weeks from the date of receipt of a copy of this order. Thereafter, it is for the first respondent to pass appropriate orders on the proposals sent by the second and the third respondents, as expeditiously as possible. The writ petition is ordered accordingly. No costs. lanSd/-Deputy Registrar//True Copy//Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To:1 THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.2 THE COMPETENT AUTHORITY AND SPECIAL DRO (LA), NH-68 SALEM TO ULUNDURPET 68, RAM NAGAR @ 2ND GATE SWARNAPURI SALEM-4.3 THE SPECIAL TAHSILDAR (L.A)., NH-68 ATTUR RASIPURAM X ROAD ATTUR TALUK SALEM DISTRICT.+ 1 cc to Government Pleader, SR No.41411+ 1 cc to Mr. J. Srinivasa Mohan, Advocate SR No.41124RSY(CO)SR/3.8.2012.Writ Petition No.4140 of 2012