Dismissed

The Project Director,National v. K.Gurusamy

Madras HC13 Feb 2020CMA(MD)/228/2019

Case brief

AI extract

What is this about?

This High Court dismissed a Civil Miscellaneous Appeal challenging an Order and Executive Order dated 18.12.2015 passed in Arbitration O.P.No.67 of 2015. While confirming the impugned order, the Court directed the respondents to return development charges and pay compensation for trees, standing crops, solatium, and interest.

What did the court decide?

The impugned order was confirmed; development charges to be refunded; compensation for trees and crops to be determined within eight weeks; solatium and interest payable.

The Project Director,National Vs K.Gurusamy — Arbitration | Madras HC (2020)

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CMA(MD). No.228 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Civil Appellate Jurisdiction )

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Thursday, the Thirteenth day of February Two Thousand and Twenty

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PRESENT

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The Honble Mr.Justice T.S.SIVAGNANAM AND The Honble Mrs.Justice R.THARANI

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CMA(MD). No.228 of 2019

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The Project Director, National Highways No.45-E & 220 National Highways Authority of India, Now at:

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Plot No.1, Aishwaryam Heights, Indira Nagar, Sennamanaickenpatti (PO), Thadikombu Road, Dindigul - 624 004.

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... Appellant

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1 K.Gurusamy, ... 1^st Respondent

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2 The Special District Revenue Competent Authority for Land Acquisition, (National Highways- 45-E & 220), Collectorate Buildings, Theni.

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... 2^nd Respondent

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Prayer:- Civil Miscellaneous Appeal filed under Section 37(1) & (2) of Arbitration and Conciliation Act 1996, against the order and executable order dated 18.12.2015 made in Arbitration O.P.No.67 of 2015 on the file of the Principal District and Sessions Judge, Theni.

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DECREE:- This Civil Miscellaneous Appeal come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.SU.Srinivasan, Standing Counsel for National https://hcservices.ecourts.gov.in/hcservices/ Highways Authority of India, for the Appellant and of

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1/3

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CMA(MD). No.228 of 2019

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Mr.R.Govindaraj, Advocate for the 1^st respondent and of Mr.A.K.Baskarapandian, Special Government Pleader for the 2^nd respondent, this Court while dismissing the appeal, doth order and decree as follows:-

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(1) That the order and executable order dated 18.12.2015 made in Arbitration O.P.No.67 of 2015 on the file of the Principal District and Sessions Court, Theni, be and hereby is confirmed;

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(2) That in addition the Land Loser/Petitioner/1^st respondent herein is entitled to get back the amount deducted towards development charges;

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(3)That the Land Loser/Petitioner is further entitled for compensation for trees and standing crops which shall be determined by the Competent Authority for Land Acquisition/2^nd respondent herein within a period of eight weeks from the date of receipt of a copy of this Judgment;

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(4)That the Land Loser/petitioner be and hereby is also entitled to solatium and interest as per the Judgment of the Honourable Supreme Court in Union of India and Others -vs- Tarsem Singh and another, in C.A.No.7064 of 2019 dated 19.09.2019, if not already calculated and added to the compensation determined; and

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(5) That there be no costs in this Civil Miscellaneous Appeal.

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Sd/-

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Assistant Registrar(CS-II)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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

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2/3

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CMA(MD). No.228 of 2019

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The Principal District and Sessions Judge, Theni.

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2 The Special District Revenue Competent Authority for Land Acquisition, (National Highways- 45-E & 220), Collectorate Buildings, Theni.

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Copy to:

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The Section Officer, V.R. Section,

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Madurai Bench of Madras High Court, Madurai - 2 Copies

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+2 cc to M/S.SU.Srinivasan, Advocate (SR-6042 dated 13/02/2020)

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+1 CC to Mr.R.Govindaraj, Advocate ( SR-6023 dated 13/02/2020 )

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ORDER DATED : 13/02/2020

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========================== DECREE ==========================

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CMA(MD). No.228 of 2019

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Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the order and decree dated 18.12.2015 made in Ar.O.P.No.67 of 2015 on the file of the Principal District and Sessions Court, Theni.

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SDS (27.08.2020) 3P 8C

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

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The Project Director,National v. K.Gurusamy

Case brief

What is this about?

What did the court decide?

The Project Director,National v. K.Gurusamy

Case brief

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