Disposed

The Project Director v. D. Nagarathinammal

Madras HC21 Sept 2023WA/2610/2023

Case brief

AI extract

What is this about?

The High Court of Madras disposed of three writ appeals filed by the Project Director against orders in land acquisition cases, directing the appellant to deposit 50% of the compensation amount within ten weeks and referring pending stay applications to the District Judge.

What did the court decide?

Directions issued to deposit 50% compensation within ten weeks; liberty to apply for withdrawal before District Judge; referral of Section 34 application to District Judge.

The Project Director Vs D. Nagarathinammal — Arbitration | Madras HC (2023)

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W.A.Nos.2610, 2608 & 2595 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.09.2023

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.A.Nos.2610, 2608 & 2595 of 2023

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The Project Director National Highways Authority of India Project Implementation Unit – Chennai “Sri Towers”, 3^rd Floor, DP-34 (SP) Industrial Estate, Guindy Chennai – 600 032.

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.. Appellant in all W.As

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Vs.

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D.Nagarathinammal

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The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205 No.3&4, Lal Bagadhur Sasthiri St Periyakuppam Railway Station (Near) Thulasi Theatre Respondents in Thiruvallur – 602 001. .. W.A.No.2610 of 2023

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S.Babu

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The District Collector Namakkal District, Namakkal.

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Thummankurichi, Namakkal. ..

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Respondents in W.A.No.2608 of 2023

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J.Banumathi

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The Arbitrator & District Collector Thiruvallur District.

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The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Thiruvallur – 602 001. ..

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Respondents in .. W.A.No.2595 of 2023

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Prayer in W.A.No.2610 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.14768 of 2021 dated 16.11.2021;

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Prayer in W.A.No.2608 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.744 of 2021 dated 04.10.2021;

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Prayer in W.A.No.2595 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.193 of 2022 dated 24.01.2022.

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For the Appellant : Mr.S.Srinivasan

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For the Respondents in : Ms.M.F.Shabana W.A.No.2610 of 2023 for R1

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Mrs.R.Anitha

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Special Government Pleader for R2

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Page 2 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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For the Respondents in : Ms.M.F.Shabana W.A.Nos.2608 & 2595 for R1 of 2023

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Mrs.R.Anitha Special Government Pleader for R2 & R3

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COMMON JUDGMENT

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(Delivered by the Hon'ble Chief Justice)

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Heard Mr.S.Srinivasan, learned counsel for the appellant in all

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the writ appeals, Ms.M.F.Shabana, learned counsel appearing for the private respondents in all the appeals and Mrs.R.Anitha, learned Special Government Pleader, appearing for the official respondents in all appeals.

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We have disposed of a batch of writ appeals in W.A.No.1970 of 2023 & etc. batch vide order dated 23.08.2023, which is similar to these present appeals.

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In view of that, we follow the same course in these appeals:

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Page 3 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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(i) The appellant shall deposit 50% of the compensation amount with the concerned Court within a period of ten weeks from today;

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(ii) The original petitioners are at liberty to apply for the withdrawal of the said amount, which application shall be considered by the concerned District Judge, on its own merits and after hearing all parties concerned, appropriate orders shall be passed;

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(iii) The present appellant may also seek further orders on the stay petition before the learned District Judge;

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(iv) Depending upon the order, that may be passed by the learned District Judge on the application of the original petitioners for withdrawal of the amount, further steps may be taken with regard to the amount, if lying in the Court, such as to invest the

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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same in a Nationalised Bank or otherwise;

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(v) Considering the huge amount involved, the learned District Judge, with whom the application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending, may endeavour to decide the application under Section 34 of the Arbitration and Conciliation Act, 1996 expeditiously.

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With these observations, these writ appeals stand disposed

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of. There will be no order as to costs. Consequently, W.M.P.Nos.22018, 22011 & 21949 of 2023 are closed.

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(S.V.G., CJ.) (P.D.A., J.) 21.09.2023 Index : Yes/No Neutral Citation : Yes/No

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drm

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Page 5 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways 205 No.3&4, Lal Bagadhur Sasthiri St Periyakuppam Railway Station (Near) Thulasi Theatre Thiruvallur – 602 001.

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The District Collector Namakkal District, Namakkal.

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The Competent Authority and District Revenue Officer (Land Acquisition for National Highways) Namakkal, Collectorate Campus Thummankurichi, Namakkal.

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The Arbitrator & District Collector Thiruvallur District.

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The Special District Revenue Officer (LA) NH 205, No.3&4, Lal BagadhurSasthri Street Periyakuppam Railway Station Near Thulasi Theatre Thiruvallur – 602 001.

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Page 6 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.2610, 2608 & 2595 of 2023

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

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(drm)

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W.A.Nos.2610, 2608 & 2595 of 2023

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21.09.2023

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Page 7 of 7

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https://www.mhc.tn.gov.in/judis

The Project Director v. D. Nagarathinammal

Case brief

What is this about?

What did the court decide?

The Project Director v. D. Nagarathinammal

Case brief

What is this about?

What did the court decide?

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