Petitioner sought quashing of the Arbitrator-cum-District Collector's land acquisition compensation award and re-determination at a higher rate matching neighboring lands. The court held that the Section 3G(5) award is treated as an arbitration award, remedy lying only in a Section 34 application, and dismissed the writ petition.
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W.P.No.18136 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA
W.P.No.18136 of 2024
and
W.M.P.Nos.19928 and 19931 of 2024
Chithra ... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st
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W.P.No.18136 of 2024
respondent in proceeding No.S.R.7/2020/U2 dated 08.01.2022 quash the same and consequently direct the 1st respondent to re-determine the compensation at the rate of Rs.1810/- per Sq.meters to the petitioner's land in Survey No.448/2 an extent of 714 Sq.meters is situated at A.Reddihalli Village, Dharmapuri Taluk & District, on the basis of higher compensation awarded by the respondents to the neighboring lands in Survey No.448/3B and 448/5D.
For Petitioner : Mr.P.M.Jayachandran For Respondents : For R1 & R2 : Mr.M.R.Gokul Krishnan Additional Government Pleader For R3 : Mr.S.V.Srinivasan
ORDER
This Writ Petition has been filed for a Certiorarified Mandamus to call
for the records of the 1st respondent in proceeding No.S.R.7/2020/U2 dated 08.01.2022 quash the same and consequently direct the 1st respondent to re-determine the compensation at the rate of Rs.1810/- per Sq.meters to the petitioner's land in Survey No.448/2 an extent of 714 Sq.meters is situated at A.Reddihalli Village, Dharmapuri Taluk & District, on the basis of higher compensation awarded by the respondents to the neighboring lands in Survey No.448/3B and 448/5D.
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W.P.No.18136 of 2024
04.11.2024
Index : Yes/No Speaking/Non-speaking Order Neutral Citation :Yes/No rgm
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W.P.No.18136 of 2024
P.T.ASHA, J.
rgm
To
W.P.No.18136 of 2024 and W.M.P.Nos.19928 and 19931 of 2024
04.11.2024
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1 issue framed by the court
Whether a writ petition can be used to seek review or re-determination of an arbitrator's compensation award under Section 3G(5) of the National Highways Act instead of a Section 34 challenge.
4 provisions across 3 enactments
Chithra
The Arbitrator cum District Collector, Dharmapuri District
The Competent Authority & Special District Revenue Officer Land Acquisition, National Highway-844, Dharmapuri District
The Project Director (NH 844), National Highways Authority of India, PIU-Krishnagiri
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
