Disposed

Mr.K.Ayyavu, v. The District Collector and Sol

Madras HC8 Feb 2018WP/2151/2018

Case brief

AI extract

What is this about?

Writ petition seeking direction to the District Collector/Arbitrator to conclude pending land acquisition arbitration proceedings for 43 petitioners within three months by ensuring effective hearing.

What did the court decide?

Directed the District Collector/Sole Arbitrator to dispose of all pending arbitration proceedings for the petitioners within three months and to hold an effective hearing.

Mr.K.Ayyavu, Vs The District Collector and Sol — Land Acquisition | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.02.2018

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CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE

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W.P.No.2151 of 2018 and WMP.No.2676 of 2018

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1.K.Ayyavu 2.Rani 3.Ramaswamy 4.Ponmalai 5.Venkatachalam

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RASAPPAN

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PALANIVEL 8. VENKATACHALAM 9. ELANGOVAN 10. Subramaniam 11. KALIMUTHU 12. SENGODAGOUDNER 13. NALLAIYAGOUDNER 14. JAYARAMAN 15. SRI RANGANATHAN 16. PERIYASAMY 17. PERUMAYEE 18. MR.PONNUPAIYAN @ SENGODA GOUNDER, 19 MR.RAVICHANDRAN 20 MR.SEKAR 21 MR.KUMAR 22 MR.MANIMUTHU, 23 MR.K.RAJU 24 MR.A.SENGOTTAIYAN, 25 MR.S.THENMOZHI 26 MR.S.RAMAMOORTHY 27 MR.R.SELVAM, 28 MR.SELVAM, 29 MR.S.SANTHI, 30 M. SARAVANAN 31 CHITRA 32 T. CHANDIRA 33 CHANDIRA 34 KAVITHA 35 JANAKI 36 D. AROKIAMME (VICE PRESIDENT) PRESIDENT SOCIETY CONGREGATION, SISTERS ST. JOSEPH CLUNY, FATIMA CONVENT, LINE MEDU, GUGAI, SALEM 636 006

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https://hcservices.ecourts.gov.in/hcservices/

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37 THANGARAJAN

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38 D. VENKATESAN

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39 JAYAMANI - KAMARAJ

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40 K. RAJ

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41 VALARMATHI

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42 R. PALANI SAMY (SECRETARY) SRI MURUGANADHA SATHU SABAI, SRI DAKSHINAMOORTHY THIRUKOIL, IRAIPANI MANDRA COMMITTEE, SRI DAKSHINAMOORTHY TEMPLE SEELANAICKENPATTY POST, SALEM 636 201

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43 K. RAJU (HUF)

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-Vs-

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1.The District Collector and Sole Arbitrator Salem Collectorate, Salem – 636 001.

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2.The Special DRO (Land Acquisition) National Highways No.68 Ram Nagar, Swarnapuri II Gate Five Roads

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Salem – 636 004.

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3 SPECIAL DISTRICT REVENUE OFFICE(LA),

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NH.7, 46 & 47, SALEMKRISHNAGIRI DISTRICTS, KRISHNAGIRI. ... Respondents

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Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to conduct the arbitration proceedings in respect of the acquisition of the petitioners' lands in National Highways 7 & 68 as per the representation made by the writ petitioners dated 23.07.2017, 26.07.2017, 18.09.2017, 19.09.2017 and 20.09.2017.

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For Petitioners : Mr.P.B.Sampath Kumar For Respondents : Mr.Akhil Akbar Ali

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Government Advocate

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ORDER

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The only grievance of the petitioners in this case is that they were dissatisfied with the quantum of compensation awarded to them by the Competent Authority under the provisions of the National Highways Act, 1956, that they have moved the Statutory Arbitrator separately under Section 3(G)(5) of the Act. However, the District Collector/Statutory Arbitrator has not concluded the arbitral proceedings pertaining to these 43 petitioners. The petitioners submitted that on an earlier occasion in a similar batch of cases, another set of owners of land who had moved the arbitration have approached this Court

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https://hcservices.ecourts.gov.in/hcservices/

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and have obtained necessary directions from this Court, based on which, the statutory arbitrator had passed his award. The petitioners seek that their case also may be decided as expeditiously as possible.

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Mr.Akhil Akbar Ali, learned Government Advocate enters appearance for the respondents.

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Heard both sides. The limited prayer of the petitioners is that their arbitration proceedings initiated separately, are pending with the first respondent since 2010 may be disposed of at the very earliest. This Court, therefore directs the first respondent to dispose of the arbitration proceedings pertaining to all the 43 petitioners herein, within three months from the date of receipt of a copy of this order after affording effective and meaningful hearing to the petitioners.

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With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
DS
To:
1.THE DISTRICT COLLECTOR AND SOLE ARBITRATOR
SALEM COLLECTORATE,
SALEM – 636 001.
2.THE SPECIAL DRO (LAND ACQUISITION)
NATIONAL HIGHWAYS NO.68
RAM NAGAR, SWARNAPURI II GATE
FIVE ROADS
SALEM – 636 004.
3 SPECIAL DISTRICT REVENUE OFFICE(LA),
NH.7, 46 & 47, SALEM-
KRISHNAGIRI DISTRICTS, KRISHNAGIRI.
+1cc to Mr.P.B.SAMPATHKUMAR Advocate, S.R.No. 9941
W.P.No.2151 of 2018
TR(26/02/2018)

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W.P.No.2151 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

Mr.K.Ayyavu, v. The District Collector and Sol

Case brief

What is this about?

What did the court decide?

Mr.K.Ayyavu, v. The District Collector and Sol

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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