Writ petition against delay in arbitral proceedings arising from land acquisition. The High Court directed the Arbitrator to conclude proceedings and pass an award within three months.
Direct the first respondent to conclude arbitral proceedings and pass award within three months from receipt of a copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2015
CORAM
THE HON'BLE MR. JUSTICE N.KIRUBAKARAN
W.P.No.23633 of 2015
1.G.Thimmichetty 2.Mrs.Suseela
.. Petitioners
Vs.
1.The Arbitrator cum District Collector, Collectorate, Krishnagiri.
2.The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways, Krishnagiri. .. Respondents
Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus directing the first respondent to dispose of the Arbitral Proceedings arising out of acquisition of lands in S.No.78/1 in Booganapalli Village, Krishnagiri Taluk and subject matter of ROC 62/2007 dated 8.1.2013 pending before the first respondent under Section 3-G(5) of the National Highways Act 1956 and further direct him to fix the compensation as on date.
For Petitioners .. Mr.V.Raghavachari For Respondents .. Mr.R.M.Muthukumar, Government Advocate
ORDER
Mr.R.M.Muthukumar, learned Government Advocate, takes notice for the respondents.
National Highways Road NH - 7 by virtue of an Official Gazette on 03.11.2004 by the second respondent. The second respondent determined the compensation at the rate of Rs.167/- per sq.ft. and the same was not agreed by the petitioners and therefore, arbitral proceedings are pending before the first respondent. Even though the proceedings have been pending for a long time, no award has been passed, which compelled the petitioner to come before this Court.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
asvm
To
1.The Arbitrator cum District Collector,
Collectorate, Krishnagiri.
2.The Competent Authority and
Special District Revenue Officer,
(Land Acquisition), National Highways,
Krishnagiri.
+ 1 cc to Mr.V. Raghavachari, Advocate SR.41940
W.P.No.23633 of 2015
GP(CO)
EU 04.09.15
2 issues framed by the court
Whether the respondent Authority should be directed to dispose of pending arbitral proceedings regarding land acquisition compensation.
Whether the petitioner should be directed to fix compensation as on date.
2 provisions across 2 enactments
1.G.Thimmichetty 2.Mrs.Suseela
The Arbitrator cum District Collector, Collectorate, Krishnagiri
The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways, Krishnagiri
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
