Lingammal (Died), 1.Lakshmanan v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN in C.M.A.(MD)No.592 of 2020 Lingammal (Died) 1.Lakshmann 2.Chinnammal ... Petitioners Vs.

1.The Project Director, (National Highways - 7), National Highways Authority of India, 83/1, SBI, 1st Colony Extension, (Near Gowri Krishna Hotel), Bye Pass Road, Madurai - 625 016.

2.The Special District Revenue Officer, Land Acquisition Officer, National Highways - 7, Collectorate Buildings, Madurai.

... Respondents 1/4

Prayer : Miscellaneous Petition is filed under Section 151 of the Civil Procedure Code, to re-open C.M.A.(MD)No.592 of 2020 which was disposed of on 15.04.2025.

For Petitioners : Mr.R.Govindaraj For Respondents : Mr.K.Govindarajan, Deputy Solicitor General of India, For Mr.P.Karthick for R1.

Mr.T.Amjadkhan, Govt. Advocate for R2.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.We had allowed the civil miscellaneous appeal filed by NHAI on the ground that the Principal District Judge while exercising the jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 could not have modified the arbitral award passed by the District Collector. However, we had given a window to the land owners. We made it clear that our order would be subject to the outcome of the reference pending in Gayathri Balasamy Vs. M/s.ISG Novasoft 2/4

Technologies Limited case. We made it clear that if the Hon'ble Supreme Court were to hold that the District Courts can modify the award, then we would unhesitatingly reopen the proceedings. Unfortunately for the petitioners, in Gayathri Balasamy case, the Hon'ble Supreme Court held that Principal District Judge cannot modify the arbitral award while exercising the jurisdiction under Section 34 of the Act. Therefore, this civil miscellaneous petition is not maintainable and it stands dismissed. No costs.

(G.R.S. J.,) & (M.J.R. J.,) 30.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The Special District Revenue Officer, Land Acquisition Officer, National Highways - 7, Collectorate Buildings, Madurai.

3/4

G.R.SWAMINATHAN, J.

and M.JOTHIRAMAN, J.

ias in C.M.A.(MD)No.592 of 2020 30.03.2026 4/4