IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-09-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.A No. 2827 of 2025 and CMP Nos. 22941 and 23060 OF 2025

1.M.Karunanidhi S/o.Late V.Mani, res at No.108/68, Hariharanatha Swami Koil Street, Dharmapuri-636701

2.M.Senthil Velan S/o.Late V.Mani, res at No.108/68, Hariharanatha Swami Koil Street, Dharmapuri-636701

3.S.Sharmila W/o.Srinivasan and D/o.Late Chennakesavan, C2-

101, Akshaya Republic 4/287, Kundrathur Main Road, Kovur, Chennai-600128 ..Appellants Vs

1. The District Collector/sole Arbitrator Dharmapuri District, Collectorate Complex, Dharmapuri-636705

2. Competent Authority And Special District Revenue Officer-Land Acquisition National Highways-844 (Hosur-Royakottai Dharmapuri Section), Dharmapuri-636705 ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 15.2.2024 passed in the Writ petition WP.No. 3502/2024 and allow the Writ appeal.

For Appellants : Mr.S. Thanka Sivan For Respondents : Mr A.Selvendran Special Government Pleader

Judgment

(Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal has been directed against the order passed by the Writ Court dated 15.02.2024 in W.P.No.3502 of 2024.

2. The appellants were the writ petitioners, who are the joint owners of the land situated at S.No.417/1A and 1B, A-Reddihalli Village, Dharmapuri Taluk and District. This was one of the lands sought to be acquired by the respondents for the Highways Project ie., National Highway (NH) 844, Hosur-Dharmapuri Section.

After acquiring the land, an award has been passed by the second respondent on 17.03.2022 fixing the quantum of compensation at Rs.5.46 per Sq.ft. Since the said amount, according to the writ petitioners / appellants was obnoxiously low, they preferred Arbitration Appeal under Section 3(g)(v) of the National Highways Act before the first respondent / Sole Arbitrator. The first respondent being the Arbitration Officer, has ultimately passed the award on 18.04.2022, whereby he fixed a sum of Rs.8.31 per Sq.ft on the basis of the market value.

3. However, in respect of the adjacent land ie., S.No.418 of the same village, which was also taken under the land acquisition proceedings for the very same road project, similar Arbitration Appeal when was filed, the same was considered by the very same Arbitrator and he passed an order on 31.10.2022, where he has determined the market value per Sq.ft for the said land at Rs.340.36/- per Sq.ft and accordingly the award was passed.

4. According to the petitioners / appellants even well prior to the order passed on 31.10.2022 for the neighbour's land, on the basis of the award passed in respect of the appellants' land by order dated 18.04.2022, the appellants / petitioners claimed to have given a petition on 10.05.2022, of course within the meaning of Section 33 of the Arbitration Act.

5. Subsequently, a reminder representation also was given on 20.12.2023 to the first respondent / District Collector-sum-Sole Arbitrator to act upon the representations of the petitioners dated 10.05.2022 followed by a representation dated 20.12.2023 for the purpose of correcting the error committed by the first respondent in applying the land value of Rs.88 per Sq.mtr ie., Rs.8.31/- per Sq.ft in the order dated 18.11.2022 in respect of the petitioner's land in S.No.417 and applying the land value of Rs.3641.95 per Sq.mtr ie., Rs.340.36 per Sq.ft in respect of the neighbour's land at S.No.418, and accordingly order enhancement of compensation to the petitioner / appellant.

6. The writ petition having been considered, was rejected by the writ Court through the impugned order stating that, as against the award dated 18.11.2022 passed by the first respondent District Collector, appeal has to be preferred by the petitioners / appellants under Section 34 of the Arbitration Act and instead since a writ petition has been preferred under Article