IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 12.04.2023 Pronounced on : 04.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P.B.BALAJI C.M.A.No.386 of 2016 and C.M.P.No.12835 of 2018 A.Ismail Sait ... Appellant Vs.

1.The Competent Authority Land Acquisition and Special District Revenue Officer National Highways [NH-45]

Villupuram District.

2.The District Collector/The Arbitrator Villupuram District, Office of the District Collector, Villupuram and District.

3.The Project Director National Highways Authority of India, No.10, Govindasamy Nagar, Vazhudareddy, Villupuram & District. ... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 37[1][2] of Arbitration and Conciliation Act, 1996 against the Award and Decree made in Arbitration O.P.No.37 of 2009 on the file of the learned Principal District Judge, Villupuram District, dated 17.08.2015 for enhancement.

For Appellant : Mr.N.Suresh For R1 & R2 : Mr.R.Siddharth, GA For R3 : Mr.Su.Srinivasan Mr.P.H.Arvindh Pandiyan Senior Counsel as Amicus Curiae

J U D G M E N T

S.S. SUNDAR, J.

The above Civil Miscellaneous Appeal is preferred by a land owner aggrieved by the order of the Principal District Court, Villupuram, in Arbitral OP.No.37/2009 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”) as against the Award of the District Collector as an Arbitrator under Section 3-G[5] of the National Highways Act, 1956 (hereinafter referred to as “NH Act”).

2.The following facts are not in dispute :

2.1.An extent of 12.64.5 Hectares of wet lands and an extent of

0.18.0 Hectares of dry lands in Vazhuthareddy Village were acquired for the formation of By Pass Road to bypass Villupuram Town in NH-45. The entire extent of lands in Vazhuthareddy Village comprised in different survey numbers were acquired under the NH Act and the Notification under section 3-A[1] of the Act was published in the Gazette on 30.10.2003. Thereafter, a Notification under Section 3-D[1] of the Act was published on 21.04.2004. A notice was published in local newspapers inviting claims from persons interested in the lands acquired to appear in person or by an agent before the Competent Authority, namely, the District Revenue Officer, Villupuram, to state the nature of interest the claimants have in the acquired lands. There is no dispute that the land owners attended the enquiry and it is recorded by the Competent Authority that the persons interested did not raise any objections as to the measurements recorded.

2.2.It is admitted that an extent of 38 ares in RS.No.50/2, which is classified as Nanja land in Vazhuthareddy Village, was acquired from the holding of the appellant. The Competent Authority, namely the 1^st respondent in the Appeal, collected the sales statistics for the period from 01.11.2002 to 31.10.2003, i.e., one year prior to the date of publication of the Notification under Section 3-A[1] of the NH Act. Though it was noticed that 117 sale transactions had been registered during the relevant period, the Competent Authority, while fixing compensation by proceedings dated 05.10.2004, discarded 116 documents on the ground that the lands covered under the sale exemplars are either far away from the land under acquisition or on the ground that the soil and 'taram' are different. Several other sale transactions were discarded on the ground that the documents were registered for getting higher compensation. It is also to be noted that some of the sale exemplars were discarded on the ground that the sales had occurred long before the date of publication of Notification under Section 3- A[1] of the NH Act. The first respondent relied upon the Sale Deed dated 30.10.2003, vide Document No.3350/2003, where an extent of 6397.75 sq.ft., of land in RS.No.248 and 248/1B was sold for a sum of Rs.1,27,000/-.

On the basis of the said Sale Deed, market value was fixed for all the acquired lands at Rs.19.85 per sq.ft. In o