P PULLAIYANNAN Vs. DISTRICT COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) THIS writ petition is filed to call for the records relating to the orders of the first respondent dated on 22.1.2008 in Na.Ka.18443/2007 B2 and quash the same and direct the first respondent herein to fix the market value of petitioner's property at Rs.150/- (with interest) per square feet by considering all sale deeds executed on or before the date of 3A notification and further direct the first respondent to hold proceedings before his presence and to pass orders as per Sec.3G (7) of National Highways Act 1956.

(2.) THIS writ petition is filed challenging the award of the Arbitrator viz., District Collector. In a case of this nature, this Court would not have normally interfered with the award passed by the Arbitrator/ District Collector in view of the specific provisions under the National Highways Act and the Arbitration and Conciliation Act 1986, which provides for an appeal to the High Court against the order passed by the Arbitrator/ District Collector. But in the peculiar facts and circumstances of this case wherein the order passed by this Court in the writ petition filed earlier has been breached by the authority forcing this Court to interfere with the award on a limited issue as hereunder.

(3.) CHALLENGING the order of the Arbitrator, the petitioner filed WP No. 11284 of 2007 and after hearing the petitioner as well as the respondents, more particularly, the District Collector, who had filed the counter, the Court passed the following order:-