1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 09-03-2011 CORAM: THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2709 of 2011 Subbammal ... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Competent Authority and Special District Revenue Officer, Land Acquisition, N.H.7, 45-B, Madurai Main Road, Virudhunagar. 3.The Special Tahsildar, Land Acquisition, National Highways 38, Aruppukkottai, Virudhunagar District. ... Respondents Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the second respondent to consider the representation dated 05.01.2011 submitted by the petitioner. For Petitioner :: Mr.P.Paranthaman For Respondents :: Mr.K.Balasubramanian Addl.Govt.Pleader ***** ORDER The petitioner is a Senior Citizen, whose lands have been acquired under the National Highways Act in S.No.217/4A. She has been awarded with a compensation at the rate of Rs.101.00 per Sq.mtr totalling a sum of Rs.40,260/- and the same has also been received by the petitioner with an objection. 2. The learned counsel for the petitioner would contend that the value fixed by the second respondent is incorrect, since it is against the guideline value. He would further contend that as per the guideline, in the nearby area Rs.1,620/- per Sq.mtr was paid as compensation, which value is also incorporated in the Sub-Registrar's Office at Aruppukottai. https://hcservices.ecourts.gov.in/hcservices/ 2 In this regard, she had already made a representation dated 05.01.2011 to the second respondent seeking for enhancement of compensation on the basis of the guideline value fixed in the same locality. Since no action has been taken by the respondents, the petitioner has preferred the present Writ Petition for a Writ of Mandamus directing the respondents to consider his representation dated 05.01.2011. 3. Mr.K.Balasubramanian, learned Additional Government Pleader who took notice for the respondents would draw the attention of this Court that as per 3-G(5) of the National Highways Act,1956, (for short the Act'), if the amount determined by the competent authority is not acceptable to either of the parties, on an application by either of the parties, the amount shall be determined by the arbitrator to be appointed by the Central Government. Therefore, they are governed by the arbitration clause and if at all the petitioner wants any further relief, she can only invoke the arbitration and seek remedy for enhancement of compensation. Heard both sides. 4. Inasmuch the lands of Senior Citizen have been acquired and there is a dispute insofar as it relates to the quantum of compensation, the petitioner is at liberty to approach the authority concerned as per Act stated above for appointment of arbitrator to redress his grievance. With the above observations, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Competent Authority and Special District Revenue Officer, Land Acquisition, N.H.7, 45-B, Madurai Main Road, Virudhunagar. 3.The Special Tahsildar, Land Acquisition, National Highways 38, Aruppukkottai, Virudhunagar District. +One Cc to Mr.P.Paranthaman, Advocate, SR.No.6024 +One Cc to The Spl. Govt. Pleader, SR.No.5755 ssm rl/6c – 31.3.2011 W.P.(MD).No.2709 of 2011 09-03-2011 https://hcservices.ecourts.gov.in/hcservices/