J.Rajan Babu, v. Union of India
Case brief
What is this about?
The High Court disposed of a Writ Appeal seeking liberty for the appellant to approach an arbitrator for enhanced compensation regarding land acquisition under the National Highways Act, 1956. The court allowed a 4-week period to initiate arbitration, directing the arbitrator to consider excluding the limitation period due to the pendency of the writ. The main writ petition challenging the acquisi
What did the court decide?
Appellant granted 4 weeks to initiate arbitration proceedings; arbitrator directed to consider exclusion of limitation period if initiated within time.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.A.No.1835 of 2011 and M.P.No.1 of 2011
J.Rajan Babu ...Appellant
- Union of India rep. by its Secretary, Ministry of Home, Transport & Highways, New Delhi.
- The Authorised Officer-cum-Special District Revenue Officer, National Highways No.68 (Acquisition), Salem-636 004.
- The Project Director, National Highways Authority of India, 9/11, 2nd Floor, Omalur Main Road, Near New Bus Stand, Salem-636 004.
- S.Priya 5. B.Ramya ...Respondents (R4 and 5 are deleted as per order dated 28.02.2011)
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge made in W.P.No.4566 of 2011 dated 30.08.2011.
Issues for consideration
3 issues framed by the court
Whether the appellant is entitled to liberty to approach the arbitrator for enhanced compensation despite the limitation period under Section 3G(6) of the National Highways Act, 1956.
Whether the pendency of the writ proceedings justifies excluding the limitation period for initiating arbitration.
Whether the appellant has relinquished the challenge to the land acquisition proceedings earlier.
Parties & counsel
- appellant
J. Rajan Babu
- respondent
Union of India
- respondent
State of Tamil Nadu (through Secy, MHA)
- respondent
Authorised Officer-cum-Special District Revenue Officer
- respondent
Project Director, National Highways Authority of India
Case details
As recorded by the court registry
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