PALANIVEL Vs. DISTRICT COLL ECTOR

JUDGEMENT

(1.) Challenging the correctness of the Order of the District Collector, Namakkal, in Na.Ka.No.12245/2009/H2 dated 21.9.2011 on the ground that since no notice whatsoever was issued to the petitioner while conducting Arbitration Proceedings, therefore, the impugned award which was passed without hearing the land owners is liable to be set aside, the present Writ Petition has been filed.

(2.) Learned Counsel appearing for the petitioner would submit that the petitioner is the owner of the land having an extent of 3527 Sq.mts. in Survey No.79/3B situated at Konur Village, Namakkal District. The same was acquired under a Notification issued under Section 3-A of the National Highways Act (hereinafter referred to as, 'the Act') for the purpose of laying four lane in National Highway No.7 between Salem and Karur within 217.600 to 278.600 in meters. A notice under Section 3-A(1) of the Act was published on 4.5.2006 in respect of 20,721.5 Sq.meters and another Notification was published under Section 3-A(1) on 19.1.2007 in respect of the lands measuring 59,049 Sq.meters. Thereafter, the Central Government has also issued notice under Section 3D(1) of the Act declaring that the lands have been acquired under the National Highways Act , 1956 and also published a Notice under Section 3- G(3) of the Act in Na.Ka.No.2295/2004 dated 20.02.2007 calling for explanation from all the land owners. The land owners have participated in the enquiry conducted under Section 3-G of the Act inviting claims from the owners of the lands to be acquired. Thereafter, the 2nd respondent herein, namely, the Authorized Officer and the District Revenue Officer, Namakkal District, passed an Award No.14/2007 dated 16.10.2007 determined the value at the rate of Rs.8,26,781/- per acre thereby fixing Rs.12.35/- per sq.mt. for agricultural lands and Rs.204.21/- per Sq.mt. in respect of house plots covered under the Notification dated 4.5.2006.

(3.) The learned Counsel for the petitioner would further submit that the land belonging to the petitioner was also subject matter of acquisition in the Notification dated 19.01.2007 and the compensation for the said land was passed in Award No.13/2008 dated 11.2.2008. Aggrieved thereby, the petitioner and other land owners during the month of May 2008 submitted a Letter of Requisition to the 2nd respondent to refer the matter for Arbitration as provided under Section 3-G(5) of the Act as against the determination of the value made by the 2nd respondent. Since no orders were passed referring the matter to an Arbitrator, one of the land owners, namely, P.Kandasamy has filed O.P.No.611 of 2008 before this Court under Section 11 of the Arbitration and Conciliation Act , 1996 seeking for an appointment of Arbitrator under Section 3-G(5) of the Act. This Court by an order dated 5.12.2008 directed the District Collector, Namakkal District, Namakkal, the 1st respondent herein to function as an Arbitrator under the regular provisions of the Act with a further direction to the respondent to send the claim and file to the District Collector, within four weeks. Pursuant to the order passed by this Court, it is contended that the District Collector, Namakkal, has to issue notice to the petitioner and all other land owners. But without issuing any notice, the 1st respondent has passed the impugned order dated 21.09.2011 under Section 3-G(7) of the National Highways Act, 1956.