Allowed

Karunanithi v. The Arbitrator and The District Collector

Madras HC5 Aug 2024WP(MD)/16877/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a landowner aggrieved by the rejection of his compensation claim petition due to alleged limitation period violation. The Court held that the filing period fell within the Supreme Court order excluding the COVID-19 pandemic period, set aside the rejection, and remitted the matter for fresh consideration within six weeks.

What did the court decide?

The impugned order was set aside, and the matter was remitted to the first respondent to consider the petitioner's claim afresh and pass orders within six weeks.

Karunanithi Vs The Arbitrator and The District Collector — Land Acquisition | Madras HC (2024)

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W.P.(MD) No.16877 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.08.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.16877 of 2024 and W.M.P.(MD) No.14537 of 2024

Karunanithi

.. Petitioner

Vs.

1.The Arbitrator/the District Collector, Trichirappalli, Trichirappalli District.

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2.The Authorized Officer/the Special District Revenue Officer, Land Acquisition, National Highways 227, Collectorate Campus, Trichirappalli, Now office at: the Pudukkottai Collectorate Campus, Pudukkottai and District.

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3.The Project Director, National Highways 227, No.6, 1^st Floor, VGP Nagar West, Vazhutharetti, Villuppuram-605 401. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India,

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praying for issuance of Writ of Certiorarified Mandamus to call for the

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

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W.P.(MD) No.16877 of 2024

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records on the file 1^st respondent pertaining to his order bearing Me.Mu.No.C4/64/2021 dated 15.11.2021 and quash the same and consequently direct the 1^st respondent to arbitrate upon the petitioner's claim petition dated 04.09.2021 filed U/s.3-G(5), (6) and (7) of the National Highways Act r/w. the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 for enhancement of compensation within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.S.C.Herold Singh For RR1 & 2 : Mr.P.Thambidurai Government Advocate For R3 : Mr.Su.Srinivasan

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ORDER

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Aggrieved by the rejection of his claim petition filed invoking the provisions of the Arbitration and Conciliation Act, as incorporated in Section 3G of the National Highways Act, the petitioner is before this Court.

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

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W.P.(MD) No.16877 of 2024

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It is the case of the petitioner that an extent of 1530 sq. mt of wet land in S.No.39/4B (39/4B2) in Keezhaperungavoor Village, Lalgudi Taluk, Trichy District, had been acquired for forming the National Highway 227 Trichy – Chidambaram. Notification under Section 3(a) of the National Highways Act, 1956 (hereinafter referred to as “the Act”) had been issued on 14.02.2011 and after the related procedures, the lands have been acquired besides other lands on 14.07.2017.

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It is the case of the petitioner that the properties originally

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belonged to him and he is in possession and enjoyment of the same. The petitioner would submit that he had requested the respondents to pay compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but the said request has been glossed over and a very meagre compensation has been granted. Therefore, in compliance with the provisions of the Act, the petitioner had lodged a claim petition before the first respondent in keeping with the provisions of Section 3-G(5) of the Act. The claim

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

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W.P.(MD) No.16877 of 2024

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petition had been filed on 04.09.2021 and it has been rejected by the first respondent stating that the same was filed beyond the period of three years from the date of the lands being acquired. The petitioner would submit that the time for filing the claim petition had fallen due on 13.07.2020. However, the claim petition had been filed on 04.09.2021. The petitioner would submit that the last date for filing the claim petition had fallen due during the COVID-19 pandemic. The Hon'ble Supreme Court excluded the period from 15.03.2020 to 28.02.2022 while calculating the period of limitation. Therefore, the filing of the claim petition is very much within the period of limitation and the order therefore, passed by the first respondent is erroneous.

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From the above narration, it is evident that the last date for filing the claim petition had fallen due between the period 15.03.2020 and 28.02.2022. It is this period, which has been excluded by the Hon'ble Supreme Court by its order having application all over the country. Therefore, the rejection order passed by the first respondent appears to be misplaced.

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

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W.P.(MD) No.16877 of 2024

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In the result, this writ petition is allowed, the impugned order bearing Me.Mu.No.C4/64/2021, dated 15.11.2021 is set aside and the matter is remitted back to the first respondent for considering the case of the petitioner afresh in the manner known to law. The first respondent shall pass orders within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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NCC : Yes/No Index : Yes/No Internet : Yes

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05.08.2024

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abr To

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1.The Arbitrator/the District Collector, Trichirappalli, Trichirappalli District.

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2.The Authorized Officer/the Special District Revenue Officer, Land Acquisition, National Highways 227, Collectorate Campus, Trichirappalli, Now office at: the Pudukkottai Collectorate Campus, Pudukkottai and District.

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

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W.P.(MD) No.16877 of 2024

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P.T.ASHA, J.

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abr

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W.P.(MD) No.16877 of 2024