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2018 Supreme(Online)(Ker) 80293

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J
RAMASWAMY S/O.ANANTHA PADMANABHAN – Appellant
Versus
UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS – Respondent
WP(C).No. 36560 of 2018 | WP(C).No. 36569 of 2018 | WP(C).No. 37563 of 2018



Advocates:
For the Appellants/Petitioners: SMT.M.A.ZOHRA, SMT.K.K.RAZIA
For the Respondents: SRI.SAIGI JACOB PALATTY, SRI.THOMAS ANTONY, SRI.SHARATH NARAYAN NAMBIAR, SRI.KRISHNADAS.P.NAIR, SRI.SUVIN R.MENON, KUM.S.KRISHNA, SMT.I.SHEELA DEVI

Petitioners must challenge arbitral awards under statutory provisions rather than via writ petitions; failure to do so negates judicial review under Article 226.

Headnote:(A) National Highways Act, 1956 - Section 3G(5) - Arbitration and Conciliation Act, 1996 - Writ petitions for enhanced compensation post land acquisition - Petitioners argued arbitral awards were discriminatory due to another award granting higher compensation - Court emphasized obligation to file challenges under Sec. 34 of Arbitration Act - No challenge made; remedy under Article 226 not entertained. (Paras 3, 5, 10, 13)

(B) Article 14 of the Constitution - Equal protection of laws - Petitioners claimed hostile discrimination based on different compensation awards - Court clarified remedy lies under Arbitration Act, not through writ petitions. (Paras 5, 10, 12)

Facts of the case:
The petitioners sought to enforce enhanced compensation for land acquisition under the National Highways Act, arguing the arbitral award they received was insufficient and claimed discrimination relative to another award for similar land.

Findings of Court:
The court upheld the need to challenge the arbitral award under established statutory procedures, affirming that the petitioners had not availed of their legal remedy.

Issues: The primary issue was whether the court should entertain petitions challenging arbitral awards when petitioners had not pursued available statutory remedies.

Ratio Decidendi: The court ruled that where petitioners have specific statutory remedies, including an avenue to challenge arbitral awards under Sec. 34 of the Arbitration Act, writ jurisdiction under Article 226 cannot be invoked.

Result: Writ petitions dismissed.

Table of Content
1. writ petitions for enhanced compensation claims. (Para 1 , 2 , 3)
2. land acquisition proceedings and related issues. (Para 4)
3. defendants' objections to maintainability of writ. (Para 5 , 6)
4. petitioners' arguments regarding legal remedies. (Para 8 , 9)
5. court’s reasoning on challenge to awards. (Para 10 , 11 , 12)
6. the conclusion and dismissal of the petitions. (Para 13)

J U D G M E N T

The prayers in the WP(C).No.36560 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioners also for their 16.30 Ares of property acquired vide LAC No.12/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of their rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings. ”

2. The prayers in the WP(C).No.36569 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioner also for her 8.51(5.99+2.52) Ares of property acquired vide LAC No.175 & 176/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal, unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of their rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings. ”

3. The prayers in the WP(C).No.37563 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioners also for her 2 Ares of property acquired vide LAC No.151/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of her rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings. ”

4. As these cases give rise to common and interrelated issues, thes

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