Disposed

Sathish Kumar v. the Arbitrator Cum District Collector

Madras HC1 Oct 2024WP/7915/2024

Case brief

AI extract

What is this about?

This writ petition sought a direction to complete pending land acquisition compensation claims under the RTFC Act 2013 via arbitration within a fixed timeline. The Court directed the Arbitrator to pass a final award on merits within six months to prevent indefinite delays.

What did the court decide?

Directed the Arbitrator to complete arbitral proceedings and pass a final award within six months from the date of the order.

Sathish Kumar Vs the Arbitrator Cum District Collector — Arbitration | Madras HC (2024)

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W.P.No.7915 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.7915 of 2024

SathishKumar

... Petitioner

Vs.

1.The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.

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2.The Competent Authority & Special District Revenue Officer – Land Acquisition National Highways -844, (Hosur – Royakottai – Dharmapuri Section) Dharmapuri District.

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The Project Director (NH 844), National Highways Authority of India PIU – Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District. ... Respondents

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

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W.P.No.7915 of 2024

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pass appropriate orders on the claim petition dated 15.12.2022 made by the petitioner, to consider the Award dated 05.09.2020 to conduct the proper enquiry and enhance the compensation in respect of land measuring 401 sq.mtrs. comprised in survey No.291/2C1 New Survey No.291/C1B and land measuring 1843 Sq.Mtrs., comprised in Survey No.303/1C New Survey No.303/1C2, Jakkasamuthiram Village, Palacode Taluk, Dharmapuri District by following the procedure contemplated under the section 26 to 30 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and grant adequate opportunity to the petitioner by furnishing copies of sale statistics of three years before notification in respect of the locality and revenue village in which the petitioner's land is situated obtained from the Registration Department and allowing the petitioner to peruse all records and filing written submissions and re-fix the compensation as per the provision of the Central Act 30 of 2013 within the time frame to be fixed by this Hon'ble Court and adduce the evidence by following the procedures contemplated under Section 18 to 27 of the Arbitration and Conciliation Act 1996.

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For Petitioner : Mr.R.Ramesh Raja For Respondents : Mr.A Selvendran for R1 & R2 Special Government Pleader : Mrs.S.R.Sumathy for R3 Standing Counsel (NHAI)

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

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W.P.No.7915 of 2024

O R D E R

The petitioner herein seeks a direction to 1^st respondent to pass arbitration award in his claim petition dated 15.12.2022 within a stipulated time fixed by this Court.

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2. According to the petitioner, he is the absolute owner of the

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land measuring No. 401 sq.mtrs. comprised in survey No.291/2C1 New Survey No.291/C1B and land measuring 1843 Sq.Mtrs., comprised in Survey No.303/1C New Survey No.303/1C2, Jakkasamuthiram Village, Palacode Taluk, Dharmapuri District.

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3. A portion of above said land was acquired by the

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2nd respondent for the purpose of laying Four-way Road - Hosur –

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Rayakottai – Dharmapuri – N.H.844. Aggrieved by the quantum of compensation fixed by the 2 nd respondent, the petitioner sought for enhancement of compensation and the matter was referred to arbitration by

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1st respondent. Though the claim petition of the petitioner seeking

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

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W.P.No.7915 of 2024

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1stst

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enhancement of compensation dated 15.12.2022 is pending on the file of the

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1stst respondent, till date, no order has been passed. Therefore, the petitioner is before this Court.

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4 . Mr.A Selvendran, learned Special Government Pleader takes

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notice for the respondents 1 & 2 and Mrs.S.R.Sumathy, learned Standing Counsel takes notice for the 3 rd respondent.

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5. The learned Additional Government Pleader appearing for

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the respondents 1 & 2 would submit that the arbitral proceedings will be completed within the time fixed by this Court.

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6. It is the duty of the 1^st respondent to complete arbitral proceedings within the time limit prescribed under the Arbitration and Conciliation Act, 1996 and he cannot keep the arbitral proceedings pending for ever without passing final award. Therefore, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 1st respondent to complete the arbitral proceedings pending on his file in

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

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W.P.No.7915 of 2024

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respect of claim made by the petitioner and pass final award on its own merit, within a period of six months from the date of receipt of a copy of

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this order.

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7. With the above direction, the Writ Petition stands disposed

of. No costs.

01.10.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dna

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1.The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District.

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2.The Competent Authority & Special District Revenue Officer – Land Acquisition National Highways -844, (Hosur – Royakottai – Dharmapuri Section) Dharmapuri District.

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