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Madras High CourtREV.APLW/124/2022disposed of

Annamalai v. The District Collector/Arbitrator

2025-07-01Honourable Mr Justice N. Anand Venkatesh9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH against WP No.10516 of 2020

1. Annamalai Mal 66 years, S/o.Ranganathan, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

Cuddalore

2. Vanangamudi Mal 62 years, S/o.Ganesan Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

3. Baskaran Mal 47 years, S/o.Srinivasan, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

4. Devendran Mal 66 years, S/o.Samithurai Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

5. Thamodharan

Mal 27 years, S/o.Jagadeesan, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

6. Dhanalakshmi Female 68 years, W/o.Pavadai, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

7. Gunasekaran Male 62 years, S/o.Rajamanickam Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

8. Mani Male 66 years, S/o.Rajamanickam Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

9. Manokaran Male 52 years, S/o.Pitchaimuthu, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

10. Manonmani Female 55 years, W/o.Mathiyazhagan Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

11. Nagarathinam

Male 78 years, S/o.Shanmugam Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

12. Selvaraj Male 53 years, S/o.Ramachandran Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

13. Selvarasu Male 56 years, S/o.Rajamanickam Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

14. Ramalingam Male 65years, S/o.Samithurai Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

15. Sakunthala Female 65 years, W/o.Jayabalan, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

16. Sebasthiammal Female 49 years, S/o.Sebasthiyan Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

17. Sivasundari Female 55 years, W/o.Anbazhagan

Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

18. Dhanapathy Female 68 years, W/o.Subramanian Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

19. Thiruvathurai Male 69 years, S/o.Samithurai, Residing at Main Road, Nandeeswarammangalam Village and Post - 608 702. Srimushnam Taluk, Cuddalore District.

Appellant(s) Vs

1. The District Collector/Arbitrator Cuddalore District, Cuddalore 2.The Land Acquisition officer NH 45-C / District Revenue Officer, Collectorate, Villupuram 3.The Project Director National Highways 45-C, Natarajapuram Colony, Medical College Road, Tanjore.

Respondent(s) PRAYER Review Application filed under Order 47 Rule 1 & r/w.114 of CPC to review the order passed by this Court made in W.P. No. 10516 of 2020, dated 17.08.2020 and pass orders.

For Appellant(s):

Mr.C.Prakasam For Respondent(s):

Mr.G.Velu Additional Government Pleader for R1 and R2 Mr.Su.Srinivasan, Standing Counsel For R3

ORDER

This review application has been filed to review the order passed in WP No.10516 of 2020 dated 17.08.2020. 2.

Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.G.Velu, learned Additional Government Pleader for Respondents 1 and 2 and Mr.Su.Srinivasan, learned Standing Counsel for 3rd respondent.

3.

The writ petition filed by the petitioners was dismissed mainly on the ground that as against the order passed by the District Collector under Section 3 (G) (5), Section 3 (G) (6) of the National Highways Act (hereinafter called as the Act), provides that the provisions of the Arbitration and Conciliation Act, 1996, will apply. Hence, as against the award passed by the District Collector, only proceedings under Section 34 of the Tamil Nadu Arbitration and Conciliation Act, can be initiated.

4.

The review application has been filed mainly on the ground that the District Collector did not take into consideration any of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as the RFCTLARR Act] and mechanically passed the award. Therefore, according to the learned counsel for the petitioner, non compliance of the 2013 Act, was the subject matter in the writ petition and the provisions under 3 (G) (6) of the National Highways Act, should not have been put against the petitioner. 5.

It is an admitted case that the acquisition was under the National Highways Act. The petitioner was not satisfied with the compensation fixed by the competent authority. Therefore, an application under Section 3 G (5) of the Act was filed before the Arbitrator. The Arbitrator has passed an award. The grievance is that while passing the award, the District Collector did not take into consideration the provision of RFCTLARR Act. The District Collector not taking into consideration the provisions of the said Act by itself will not take away the fact that the award passed by the

District Collector was under Section 3 G (5) of the Act. Hence, the only other remedy that is available to the petitioner is to go before the concerned District Court under Section 34 of the Arbitration and conciliation Act.

6.

This Court does not find any error apparent on the face of the order requiring the review of the order passed in the writ petition. However, liberty is granted to the petitioners to file an application under Section 34 of the Arbitration and Conciliation Act before the concerned jurisdictional District Court, within a period of four weeks from the date of receipt of a copy of this order. On such application being filed, the concerned District Court shall deal with the same on its own merits and in accordance with law after affording opportunity to the petitioners and the National Highways Department.

7.

This review application is disposed of in the above terms. No costs.

01-07-2025 rka Index:Yes/No

Speaking/Non-speaking order Internet:Yes To 1.The District collector/Arbitrator Cuddalore District, Cuddalore.

Cuddalore 2.The Land Acquisition officer Nh 45-c / District Revenue Officer, Collectorate, Villupuram 3.The Project Director National Highways 45-c, Natarajapuram Colony, Medical College Road, Tanjore.

N.ANAND VENKATESH J.

rka REV.APLW No. 124 of 01-07-2025