Muniraj v. The Arbitrator Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Muniraj Petitioner(s) Vs

1. The Arbitrator Cum District Collector Collectorate Office Dharmapuri District.

2.Competent Authority / Special District Revenue Officer - Land Acqusition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Dharmapuri District.

3.The Project Director (nh 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District.

Respondent(s) PRAYER Directing the 3rd respondents to pay the enhanced compensation Rs. 15,69,716/- with applicable interest in the light of the Arbitration Award dated 31.05.2024 in S.R.1004/2020/U2 to the petitioners property by disposing of the petitioners representation dated 08.08.2025.

For Petitioner:

Mr.M.R.Ramesh Raja For Respondents:

Mr.D.Ravichander, Special Government Pleader for R1 & R2 Mr.Su.Srinivasan for R3

ORDER

This writ petition has been filed to direct the third respondent to pay the enhanced compensation of Rs.15,69,716/- to the petitioner with applicable interest as per the Arbitration Award dated 31.05.2024, based on the petitioner's representation dated 08.08.2025.

2.Admittedly, an Arbitration Award dated 31.05.2024 has been passed in favour of the petitioner as per the provisions of the National Highways Act. The said award is also the subject matter of challenge before the appropriate court as per the provisions of Section 34 of the Arbitration and Conciliation Act, 1996. 3.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2. Mr.Su.Srinivasan, learned counsel accepts notice on behalf of the third respondent.

4.The petitioner contends that since the court exercising its power under Section 34 of the Arbitration and Conciliation Act, 1996 has not granted any stay of the operation of the Arbitration Award dated 31.05.2024, this writ

petition seeking for enforcement of the Arbitration Award dated 31.05.2024 is maintainable.

5.Since the Arbitration and Conciliation Act, 1996 is a special code by itself, the only remedy available for the petitioner as per the provisions of Section 36 of the Arbitration and Conciliation Act is to file an Execution Petition to execute the Arbitration Award dated 31.05.2024 in case the Court exercising the power under Section 34 of the Arbitration and Conciliation Act has not granted any stay of the operation of the Arbitration Award dated 31.05.2024. Instead of filing an Execution Petition, the petitioner has filed this writ petition, which in the considered view of this Court is not maintainable as the Arbitration and Conciliation Act, 1996 is a special code by itself and is a special law, which provides for a specific provision, i.e. Section 36, which directs the Award holder to file an Execution Petition seeking enforcement of the Arbitration Award.

6.Since this writ petition is not maintainable, this writ petition is dismissed. Liberty is granted to the petitioner to seek for enforcement of the Arbitration Award dated 31.05.2024 by filing an execution petition before the Executing Court under Section 36 of the Arbitration and Conciliation Act in case the Court exercising the power under Section 34 of the Arbitration and

Conciliation Act has not granted stay of operation of the Arbitration Award dated 31.05.2024. No costs.

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To 1.The Arbitrator Cum District Collector Collectorate Office Dharmapuri District.

2.Competent Authority / Special District Revenue Officer - Land Acqusition National Highways - 844 (Hosur - Royakottai - Dharmapuri Section) Dharmapuri District.

3.The Project Director (nh 844) National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri District.

ABDUL QUDDHOSE J.

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