N.Arumugam vs The Arbitrator, National Highway - 49 (Land Acquisition Act Section 3G(5))/the District Collector, Sivagangai District, Sivagangai.

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2025 Supreme(Online)(Mad) 64401

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
N.Arumugam – Appellant
Versus
The Arbitrator, National Highway - 49 (Land Acquisition Act Section 3G(5))/the District Collector, Sivagangai District, Sivagangai. – Respondent

Advocates:
For the Appellants/Petitioners: Mr. N.Tamilmani
For the Respondents: Mr.K.Balasubramani Special Government Pleader

Table of Content
1. challenge to an arbitral award. (Para 1)
2. arguments and observations on award legality and legal precedent. (Para 2 , 3 , 4)
3. final ruling allowing further action under section 34. (Para 5)

O R D E R

An award dated 20.04.2023 is assailed in this petition. The said award was issued under the National Highways Act, 1956 . The said statute provides for the aggrieved person to challenge the arbitral award by way of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the jurisdictional District Court.

2. Learned counsel for the petitioner relies on the judgment of the Hon'ble Division Bench of this Court in Project Director, National Highways Vs. M.Vijayalakshmi reported in 2021 (1) CTC 34 , particularly paragraph 77 thereof, to contend that the deduction of 1/3 towards development charges is contrary to the ratio of the said judgment. Learned counsel contends further that the party should not be made to approach the District Court by a petition under Section 34 when the arbitral award is clearly contrary to the judgment of the Hon'ble Division Bench of this Court.

3. Learned Special Government Pleader points out that the judgment relied

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