Dismissed

Rajendran v. The District Collector

Madras HC22 Jun 2021WP/6003/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an acquisition award for land encroached by a National Highway, holding that the petitioner must first avail the statutory remedy of arbitration under the National Highways Act.

What did the court decide?

Writ petition dismissed; liberty granted to file necessary application before the Arbitrator under Section 3G(5) of the National Highways Act.

Rajendran Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.06.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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W.P.No.6003 of 2021 and W.M.P.Nos.6651 & 6652 of 2021

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Rajendran .. Petitioner

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Vs.

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The District Collector, Dharmapuri.

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The Competent Authority & Special District Revenue Officer (LA) National Highways No.844, Dharmapuri.

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The Project Director, National Highways Authority of India, PIU-Krishnagiri.

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The Special Tahsildar (LA), NH-844, Unit II, Palacode, Dharmapuri - 636 808. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records pertaining to the proceedings in ROC.No.02/2018/LA, dated 25.06.2020, on the file of the 2nd respondent, quash the same in so far as it relates to unspecified valuation of the superstructures, amenities thereof and unspecified valuation of the trees therein and to direct the 2nd respondent herein to review the proceedings in Roc.02/2018/LA, dated 25.06.2020, in so far it relates to valuation of the superstructures, amenities thereof and standing trees, in S.No.183/1A and 184/1A of No.25, Jerthalav Village.

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For Petitioner : Mr.R.Selvakumar For Respondents: Mr.K.M.D.Muhilan,

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Government Advocate

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(The case has been heard through video conference)

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The writ petition has been filed challenging the Award passed by the second respondent dated 25.06.2020.

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https://hcservices.ecourts.gov.in/hcservices/ 2. According to the petitioner he is the owner of the

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land in Survey Nos.183/1A and 184/1A of No.25, Jerthalav Village. Earlier his lands were acquired under the National Highways Act, for formation of National Highway No.844. Subsequently, award was also came to be passed on 25.05.2020. Now challenging the said award, the present writ petition has been filed.

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According to the learned counsel appearing for the petitioner in both the Survey Nos.183/1A and 184/1A, so many live trees were standing but while valuing the trees, the Acquisition Officer fixed the compensation without properly considering the age and number of the trees and fixed the value at Rs.26,946/- and even though several superstructures were there, the Acquisition Officer did not take into consideration all the superstructures and fixed a lesser compensation.

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Heard the learned counsel on either side.

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Admittedly as against the award passed by the Acquisition Officer, under Section 3G(5) of the National Highways Act, remedy by way of Arbitration is available. If at all the petitioner has any grievance, he can very well raise the same before the Arbitrator, but without availing the alternative remedy available to him, the petitioner cannot maintain the writ petition challenging the award before this Court, and no valid ground raised by the petitioner for interfering with the award, under Article 226 of the Constitution of India. Hence, the writ petition is not maintainable and accordingly dismissed. However liberty is granted to the petitioner to file necessary application before the Arbitrator as provided under Section 3G(5) of the National Highways Act, raising all his objections before the Arbitrator. Consequently, the connected miscellaneous petitions are closed. No costs.

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Sd/-

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Assistant Registrar (CS-V)

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//True Copy//

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Sub Assistant Registrar

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The District Collector, Dharmapuri.

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The Competent Authority &

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Special District Revenue Officer (LA)

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National Highways No.844, Dharmapuri. https://hcservices.ecourts.gov.in/hcservices/

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The Project Director, National Highways Authority of India, PIU-Krishnagiri.

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The Special Tahsildar (LA), NH-844, Unit II, Palacode, Dharmapuri - 636 808.

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+1cc to Mr.R.Selvakumar, Advocate, S.R.No. 28780

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+1cc to the Government Pleader, S.R.No. 29029

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W.P.No.6003 of 2021 and W.M.P.Nos.6651 & 6652 of 2021

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PL(CO) GN(19/07/2021)

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

Rajendran v. The District Collector

Case brief

What is this about?

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Rajendran v. The District Collector

Case brief

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