Land acquired for National Highway 227 with meagre compensation; claim petition under Section 3-G(5) was rejected by the Arbitrator as filed beyond three years. The court held the Supreme Court's COVID-19 exclusion of limitation applied and set aside the rejection, remitting the claim for fresh consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.16879 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.16879 of 2024 and W.M.P.(MD) No.14592 of 2024
Jeeva
.. Petitioner
Vs.
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.
3.The Project Director, National Highways 227, No.6, 1st Floor, VGP Nagar West, Vazhutharetti, Villuppuram-605 401. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus to call for the
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W.P.(MD) No.16879 of 2024
records on the file 1st respondent pertaining to his order bearing Me.Mu.No.C4/56/2021 dated 26.07.2021 and quash the same and consequently direct the 1st respondent to arbitrate upon the petitioner's claim petition dated 08.01.2021 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.
For Petitioner : Mr.S.C.Herold Singh For RR1 & 2 : Mr.P.Thambidurai Government Advocate For R3 : Mr.Su.Srinivasan
ORDER
Aggrieved by the rejection of her claim petition filed invoking the provisions of the Arbitration and Conciliation Act, as incorporated in Section 3-G of the National Highways Act, the petitioner is before this Court.
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W.P.(MD) No.16879 of 2024
belonged to her and she is in possession and enjoyment of the same. The petitioner would submit that she 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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W.P.(MD) No.16879 of 2024
petition had been filed on 08.01.2021 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 04.05.2020. However, the claim petition had been filed on 08.01.2021. 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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W.P.(MD) No.16879 of 2024
NCC : Yes/No Index : Yes/No Internet : Yes
05.08.2024
abr To
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W.P.(MD) No.16879 of 2024
P.T.ASHA, J.
abr
W.P.(MD) No.16879 of 2024
Dated: 05.08.2024
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1 issue framed by the court
Whether a Section 3-G(5) NH Act claim petition rejected as time-barred is valid given the Supreme Court's COVID-19 limitation exclusion from 15.03.2020 to 28.02.2022.
4 provisions across 3 enactments
Jeeva
The Arbitrator/the District Collector, Trichirappalli
The Authorized Officer/the Special District Revenue Officer, Land Acquisition, National Highways 227
The Project Director, National Highways 227
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
