SPECIAL DISTRICT REVENUE OFFICER Vs. S GNANADEEPAM

JUDGEMENT

(1.) On 21.03.2014, when CMA.SR. No. 67031 of 2008 was listed, along with M.P. No. 1 of 2014, filed for condoning the delay of 1470 days in representing the appeal, the said petition was ordered, on condition that the appellant pays a sum of Rs. 1,000/- to the Tamil Nadu Advocate's Clerks Association, High Court, Chennai, within a period often days, as costs. Costs has already been paid on 28.03.2014. To prove the same, Cost Memo has been filed by the petitioner. Material on record discloses that lands have been acquired for formation of National Highways and Notification under Section 3A(1) of the National Highways Act, 1956, has been submitted to the Government of India for approval and publication in the Gazette of India. The same has been approved by the Central Government in S.O. 820(E), dated 23.08.2001, for acquisition of lands to an extent of 1.28.5 Hectares for laying a bypass road of National Highways-5 in Thiruvallur District, in Survey No. 799/2 etc., of Madavaram Village, Ambattur Taluk. Acquisition proceedings have been completed.

(2.) Lands belonging to the respondent herein, namely S. Gnanadeepam, residing at 42, Paper Mills Road, Perambur, Chennai, in S. No. 797/1B (New S. No. 797/1B1B) has been acquired and that value has been fixed at Rs. 1,27,938/- per cent.

(3.) Not satisfied with the compensation fixed by the Competent Authority and Special District Revenue Officer (Land Acquisition), National Highways, Kancheepuram, the landowner has filed a petition on 05.02.2003, for arbitration, to be done by the District Collector of Thiruvallur/Arbitrator under the National Highways Act, in respect of her land, measuring 26 cents, comprised in Survey No. 800/1A (New S. No. 800/1A2) situated at 50, Madhavaram Village and Municipality Limit, Ambathur Taluk, Thiruvallur District, which was also acquired by the National Highways Authority, for the purpose of improvement of National Highway Road, by invoking Sections 3A(1) and 3D(1) of the National Highways Act, 1956, and based on the Sale Deed executed, within one year from the date of publication issued under Section 3A(1) of the Act, and by fixing the value of 26 cents as Rs. 78,60,651/- a Cheque bearing Registration No. 796618, dated 14.01.2003, for the abovesaid amount, was also issued.