Allowed

Venkatramani v. The Arbitrator and The District Collector

Madras HC5 Aug 2024WP(MD)/16878/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed a writ petition challenging the rejection of a claim petition for land acquisition compensation enhancement. The court set aside the impugned order and remitted the matter to the arbitrator for fresh consideration within six weeks, noting the Supreme Court's extension of limitation due to the pandemic.

What did the court decide?

The impugned order rejecting the claim petition is set aside. The first respondent is directed to consider the case afresh and pass orders within six weeks.

Venkatramani Vs The Arbitrator and The District Collector — Arbitration | Madras HC (2024)

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W.P.(MD) No.16878 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.16878 of 2024 and W.M.P.(MD) No.14588 of 2024

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1.Venkatramani

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2.Ramamoorthy .. Petitioners

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Vs.

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

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

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_________Page 1 of 6

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W.P.(MD) No.16878 of 2024

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Prayer:

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records on the file 1^st respondent pertaining to his order bearing Me.Mu.No.C4/18/2021 dated 17.02.2022 and quash the same and consequently direct the 1^st respondent to arbitrate upon the petitioners' claim petition dated 21.05.2021 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 Petitioners : 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 their claim petition filed invoking

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the provisions of the Arbitration and Conciliation Act, as incorporated in Section 3G of the National Highways Act, the petitioners are before this Court.

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_________Page 2 of 6

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

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W.P.(MD) No.16878 of 2024

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It is the case of the petitioners that an extent of 2649 sq. mt of wet land in S.No.45/4C (45/4C2) in Sirumaruthur 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 31.07.2017.

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It is the case of the petitioners that the properties originally belonged to them and they are in possession and enjoyment of the same. The petitioners would submit that they 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 petitioners had lodged a claim petition before the first respondent in keeping with the provisions of Section 3-G(5) of

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_________Page 3 of 6

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

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W.P.(MD) No.16878 of 2024

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the Act. The claim petition had been filed on 21.05.2021 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 petitioners would submit that the time for filing the claim petition had fallen due on 31.07.2020. However, the claim petition had been filed on 21.05.2021. The petitioners 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

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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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_________Page 4 of 6

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

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W.P.(MD) No.16878 of 2024

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In the result, this writ petition is allowed, the impugned order bearing Me.Mu.No.C4/18/2021, dated 17.02.2022 is set aside and the matter is remitted back to the first respondent for considering the case of the petitioners 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

05.08.2024

abr

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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_________Page 5 of 6

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W.P.(MD) No.16878 of 2024

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P.T.ASHA, J.

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abr

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W.P.(MD) No.16878 of 2024