R.Saravanan v. The District Collector/Arbitrator

ORDER The petitioner has wrongly invoked the writ jurisdiction of this Court challenging the award passed by the first respondent under the provisions of National Highways Act, 1956. Section 3G(5) of the Act clearly provides that once the claim statement is filed before the District Collector seeking enhancement, the arbitration proceedings would set in. Therefore, the award passed by the District Collector has to be challenged only by invoking the provision of Section 34 of the Arbitration and Conciliation Act by filing a petition to set aside the award before the jurisdictional District Court. Therefore, this Writ Petition has to be necessarily dismissed. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

20.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To

1.The District Collector, Distric Collector Office,

2.The Project Director, National Highways Authority of India, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur -613 004.

P.T.ASHA, J. cp

3.The Competent Authority-cum-Special District Revenue Officer, National Highway (LA)-NH 45C, Dated: 20.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.2204 of 2020 R.Saravanan ... Petitioner Vs. 1.The District Collector/Arbitrator, Distric Collector Office, 2.The Project Director, National Highways Authority of India, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur -613 004. 3.The Competent Authority-cum- Special District Revenue Officer, National Highway (LA)-NH 45C, ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records and proceedings of the first respondent in confirming the award in land acquisiton case No.61/2017/M2 dated 11.11.2019 and quash the same as illegal and consequently to driect the first respondent to enhance the compensation by considering the nearest village having highest market value which was already determined as compensation fo the similar lands in the same land acquisition proceeding by the third resondent and to provide other benefits in the light of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) within the time period that may be stipulated by this Court. For Petitioner : M/s.P.Yasmin Begum For Respondents : Mr.D.Ghandiraj Special Government Pleader