1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.4741 of 2011 and MP(MD)No.1 /2011 S.Masthan Ibrahim ... Petitioner Vs 1.The National Highways Authority of India, rep.by its Project Director, National Highway No.45, Acquisition, Dindigul Division, Dindigul. 2.The District Collector, Dindigul District. 3.The Competent Authority, Office of the District Revenue Officer, National Highways No.45, 11, Indira Nagar, Chennamanayakkanpatti, Dindigul. 4.The Senior Manager, Canara Bank, Dindigul Main Branch, Dindigul-624 001. ... Respondents Writ petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the second respondent to pass orders on the petitioner's application for enhancement of compensation dated 21.04.2011. For Petitioner : Mr.M.S.Suresh Kumar For R.1 : Mr.K.K.Senthilvelan A.S.G.I For R.2 & R.3 : Mr.K.Balasubramanian Addl.Govt.Pleader For R.4 : No appearance **** ORDER The petitioner whose lands have been acquired by the National Highways Authority of India, has preferred an arbitration application, as provided under the Act, by way of an arbitration proceedings before the the District Collector, https://hcservices.ecourts.gov.in/hcservices/ 2 Dindigul District, who is before this Court. His only grievance is that his appeal, namely, the arbitration application has to be taken on file and dispose of the same expeditiously. He would contend that since the quantum arrived at by the respondents are very less, he is only aggrieved in respect of the quantum and not the acquisition proceedings. Therefore, he has preferred an arbitration application before the Arbitrator. Since the same was not considered, he has filed the present Writ Petition for a Mandamus directing the respondents to take up the appeal on file and dispose of the same within a given time. 2. At the time of admission, Mr.K.K.Senthilvelan, took notice for the first respondent and Mr.K.Balasubramanian, learned Additional Government Pleader took notice for the second and third respondents. As far as the fourth respondent is concerned, he has only added as eo nominee party. 3. The learned counsel for the National Highways Authority of India would contend that the acquisition was already over in the year 2008 itself and if the appeal / arbitration application as claimed to have been filed by the petitioner if it is in order and in time, they will consider the same and pass orders in accordance with law. 4. The District Collector who is the Authority would also contend that since the arbitration itself has been preferred only on 21.04.2011, they will consider the same, if it is in order, and pass appropriate orders within a reasonable time. Heard all the parties. By consent, the Writ Petition itself is taken up for final disposal. 5. The only point that has been raised by the petitioner is that he was not aware of the acquisition proceedings. In any view of the matter, he is only questioning the quantum of amount, since the property acquired by the respondents would fetch more than Rs.58,00,000/- and that the respondents have deposited only Rs.15,00,000/-, he has preferred an appeal / arbitration application before the District Collector, Dindigul District. He only wants that his arbitration proceedings may be taken up by the respondents at the earliest and that could be decided on merits. 6. Be that as it may. As rightly pointed out by the first and second respondents that the arbitration itself was preferred by the petitioner only on 21.04.2011 and if it is in order, then the second respondent will consider the arbitration application and pass appropriate orders after giving sufficient notice to the parties concerned, within a period of three months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Project Director, The National Highways Authority of India, National Highway No.45, Acquisition, Dindigul Division, Dindigul. 2.The District Collector, Dindigul District. 3.The Competent Authority, Office of the District Revenue Officer, National Highways No.45, 11, Indira Nagar, Chennamanayakkanpatti, Dindigul. 4.The Senior Manager, Canara Bank, Dindigul Main Branch, Dindigul-624 001. +One Cc to The Spl Govt. Pleader, SR.No.15272 ssm rl/6c – 9.5.2011 W.P.(MD).No.4741 of 2011 26.04.2011 https://hcservices.ecourts.gov.in/hcservices/