Judgment · High Court
Case at a glance
Outcome
Allowed
Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the claim petitions filed by the petitioners respectively dated 23
Provisions considered
- Constitution of India art. 226
- Arbitration and Conciliation Act, 1996 ss. 18, 27
Key paragraphs
- Para 44. Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the claim petitions filed by the petitioners respectively dated 23.5.2023 and 04.7.2023 and pass appropriate orders. The 3/5 https://www.mhc.tn.gov.in/judis…
Judgment
WP.Nos.37619 & 37621 of 2024In the High Court of Judicature at MadrasDated : 17.12.2024Coram :The Honourable Ms.Justice P.T.ASHAWrit Petition Nos.37619 & 37621 of 2024R.Krishnappa...Petitioner in WP No.37619/24C.Srinivasan @ Seenappa...Petitioner in WP No.37621/24Vs1. The Arbitrator cum District Collector Collectorate Office Krishnagiri District.
The Competent Authority/ Special District Revenue Officer - Land Acquisition, National Highways – 844 (Hosur – Royakottai – Dharmapuri Section) Krishnagiri District....R1 & R2 in both WPs3. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District....R3 in WP.No.37619of 20244.The Project Director (NH 948), National Highways Authority of India, PIU - Bangaluru, Sy No.13, 14th KM Nagasandra Tumkur NH4 Road, Bangaluru-560073....R3 in WP.No.37621of 20241/5 https://www.mhc.tn.gov.in/judis WP.Nos.37619 & 37621 of 2024PETITIONS under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass an arbitration award (i) on the petitioner's claim petition, dated 23.5.2023 within a stipulated period of time and to reconsider the awards dated 3.10.2022 and enhance the compensation in respect of land and structures in land measuring 933 sq.mtrs., comprised in S.No.409/4A, land measuring 621 sq.mtrs. comprised in S.No.409/4B, land measuring 580 sq.mtrs. comprised in S.No.409/4D (WP.No.37619 of 2024) and (ii) on the petitioner's claim petition dated 4.7.2023 within a stipulated period of time and to reconsider the award dated 30.6.2022 and to enhance the compensation in respect of land and structures in land measuring 4749 sq.mtrs. comprised in S.No.577/3B, land measuring 3939 sq.mtrs. comprised in S.No.577/4A2 at Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District (WP.No.
37621 of 2024),by following the procedure contemplated under Sections 26 to 30 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and also following the procedure contemplated under Sections 18 to 27 of the Arbitration and Conciliation Act 1996.For Petitioners : Mr.Mr.R.RameshrajaFor R1 & R2:Mr.A.Selvendran, SGP For R3:Ms.S.R.Sumathy 2/5 https://www.mhc.tn.gov.in/judis WP.Nos.37619 & 37621 of 2024COMMON ORDERThe limited relief sought in these two writ petitions is for an early disposal of the claim petitions filed by the petitioners before the first respondent respectively dated 23.5.2023 and 04.7.2023 and to pass an arbitration award in accordance with Section 3G(5) of the National Highways Act, 1956. 2. Heard the learned counsel for the respective petitioner, the learned Special Government Pleader accepting notice for respondents 1 and 2 and the learned Standing Counsel accepting notice for the third respondent.
In respect of the properties acquired, the respective petitioner preferred claim petitions before the first respondent respectively on 23.5.2023 and 04.7.2023. Despite passage of more than 1 1/2 years, no steps have been taken to hear the above claim petitions.
Operative part
Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the claim petitions filed by the petitioners respectively dated 23.5.2023 and 04.7.2023 and pass appropriate orders. The 3/5 https://www.mhc.tn.gov.in/judis WP.Nos.37619 & 37621 of 2024above exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs. Both the learned Special Government Pleader as well as the learned Standing Counsel appearing for the third respondent are entitled to separate fees in each of the cases.17.12.2024To1. The Arbitrator cum District Collector Collectorate Office Krishnagiri District.2. The Competent Authority/ Special District Revenue Officer - Land Acquisition National Highways – 844 (Hosur – Royakottai – Dharmapuri Section) Krishnagiri District.3. The Project Director (NH 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District.RS4/5 https://www.mhc.tn.gov.in/judis WP.Nos.37619 & 37621 of 2024P.T.ASHA,JRS4.The Project Director (NH 948), National Highways Authority of India, PIU - Bangaluru, Sy No.13, 14th KM Nagasandra Tumkur NH4 Road, Bangaluru-560073.WP.Nos.37619 & 37621of 2024 17.12.20245/5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the claim petitions filed by the petitioners respectively dated 23
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Arbitration and Conciliation Act, 1996 — ss. 18, 27.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.