Veeraraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy Veeraraj

...Petitioner

Vs.

1. The District Collector cum Arbitrator under the Highways Act, Office of the District Collector, Cuddalore District, T.N.

2. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways, Villupuram, T.N.

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records pertaining to the impugned order dated 25.10.2022 passed by the first respondent bearing Reference No.(Arbit)A1/22401/2019, and to quash the same; consequently, to direct the respondents to pay a sum of Rs.8,96,437/- as compensation for the petitioner's acquired land and building, in accordance with the calculation annexed hereto as annexure A, together with interest at the rate of 12% per annum from the date of award i.e. 27.02.2018 until the actual payment is made. 1/6

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.P.Sathish Additional Government Pleader Order Heard Mr.P.R.Thiruneelakandan, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader, who takes notice on behalf of respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this Writ Petition seeking to quash the order passed by the first respondent dated 25.10.2022 and consequently, to direct the respondents to pay a sum of Rs.8,96,437/- as compensation for the petitioner's acquired land and building.

3. Learned counsel for the petitioner would submit that the second respondent-Highways Department has acquired the petitioner's land for laying National Highway 45 C extension and passed an award granting a 2/6

compensation of Rs.3,30,748/-; that not being satisfied with the compensation, as, according to the petitioner, petitioner's land has to be treated as house site in an urban area and if treated so, the petitioner would be entitled to a higher compensation, the petitioner preferred an Appeal before the first respondent, however, the first respondent vide the impugned order dated 25.10.2022, treated the petitioner's land as 'Punja Land' and deducted 33% as development cost and denied interest on delayed payment; that challenging the said order dated 25.10.2022, the present Writ Petition is filed.

4. The learned Additional Government Pleader for respondents submitted that if at all, the petitioner has any grievance over the impugned order passed by the first respondent, the petitioner has to challenge the same by way of filing a statutory Appeal under Section 34 of Arbitration and Conciliation Act, 1996 and this Court has no jurisdiction to entertain the prayer sought for in this Writ Petition.

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5. Though the learned counsel for the petitioner argued the matter on certain factual aspects and stated that the first respondent-Arbitrator failed to consider the petitioner's case n a proper perspective and passed the impugned order in an illogical manner, however, as rightly pointed out by the learned Additional Government Pleader for respondents, this Court is of the view that anything and everything with regard to the award passed by the first respondent/Arbitrator, the effective and efficacious remedy available to the petitioner is to challenge the same by invoking provisions of Section 34 of the Arbitration and Conciliation Act, and this Court, while sitting under Article 226 of the Constitution of India, cannot act as Find Finding Authority and interfere with such factual aspects of the matter.

6. In the result, the Writ Petition is dismissed. No costs. 16.09.2025 sd Index : yes/no 4/6

To

1. The District Collector cum Arbitrator under the Highways Act, Office of the District Collector, Cuddalore District, T.N.

2. The Competent Authority cum Special District Revenue Officer (Land Acquisition) National Highways, Villupuram, T.N.

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Krishnan Ramasamy,J., sd 16.09.2025 6/6