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2026 Supreme(Online)(Mad) 8401

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
R.BHUVANESWARI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP No. 50158 of 2025



Advocates:
For the Appellants/Petitioners: N. Naganathan
For the Respondents: P. Sathish, S.R. Sumathy

For seeking enhanced compensation under the National Highways Act, 1956, the aggrieved party must approach the designated arbitrator under Section 3-G(5) rather than filing a writ petition.

Headnote:The petitioner sought a Writ of Mandamus under Article 226 of the Constitution of India directing the respondents to pay compensation based on prevailing market value for land acquired under the National Highways Act, 1956, following a representation dated 15.09.2025. The court observed that the appropriate remedy for enhanced compensation is to approach the designated arbitrator. The primary issue was whether the petitioner could seek enhanced compensation through a writ petition. The court reasoned that in terms of Section 3-G(5) of the National Highways Act, the petitioner is required to approach the arbitrator, and the National Highways Authority of India (NHAI) must be heard in such proceedings. With these observations, this writ petition stands disposed of.

PRAYER

: Writ petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to pay the compensation as per prevailing market value with 12 percent per annum in market value from the date of publication to till date for the land comprised in Old S.No.103/5, New S.No.103/5B2 measuring 132 sq.mt (1420.83 sq.ft) and S.No.103/5B3 measuring 318 sq.mt.(3422.92 sq.ft) situated at Pennalur Village, Sriperumbudur Taluk, Kanchipuram district by considering petitioner representation dated 15.09.2025

ORDER

After submitting representation dated 15.09.2025 seeking enhance compensation in relation to the acquisition of the petitioner’s land under the National Highways Act, 1956 (‘National Highways Act’), the present writ petition has been filed.

Learned Additional Government Pleader accepts notice for all the respondents. He submits that the petitioner is required to approach the arbitrator in terms of Section 3-G(5)) of the National Highways Act for enhanced compensation. He also submits that the National Highways Authority of India (NHAI) is required to be heard in such proceedings.

In view of the submissions of learned Additional Government Pleader, the Project Director, Kancheepuram National Highways Authority of Kancheepuram at Pallavan Nagar, Maduravoyal, Chennai is suo-motu impleaded as the fourth respondent in this writ petition. Ms.S.R.Sumathy, learned standing counsel, accepts notice on behalf of the newly impleaded party.

The petitioner has submitted representation dated 15.09.2025 to the respondents herein, including the first respondent who is the designated arbitrator under the National Highways Act. Such representation shall be treated as a petition under Section 3-G(5) of the National Highways Act and disposed of in accordance with the Arbitration and Conciliation Act, 1996. Needless to say, both the petitioner and the NHAI shall be provided a reasonable opportunity in proceedings before the first respondent.

With these observations, this writ petition stands disposed of. No costs.

20-01-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

RNA

W.P. No.50158 of 2025

SENTHILKUMAR RAMAMOORTHY, J.

The matter is listed upon being mentioned by learned counsel for the petitioner. Learned counsel points out that the order copy has been issued without amending the cause title to include the Project Director, National Highways Authority of India, Kancheepuram at Pallavan Nagar, Maduravoyal, Chennai as the fourth respondent. Upon examining the records, the contention is liable to be accepted.

The first sentence of paragraph No.3 of the order dated 20.01.2026 shall be replaced with the following:

“In view of the submissions of learned Additional Government Pleader, the Project Director, National Highways Authority of India, Kancheepuram at Pallavan Nagar, Maduravoyal, Chennai, is suo-motu impleaded as the fourth respondent in this writ petition.”

Therefore, the Registry is directed to re-issue the order after carrying out the above correction, amending the cause title and including the Project Director, National Highways Authority of India, Kancheepuram at Pallavan Nagar, Maduravoyal, Chennai as the fourth respondent.

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