Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 31325

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Swaminathan – Appellant
Versus
The District Collector – Respondent
Writ Petition

Advocates:
For the Petitioner(s): Ms.V.Srimathi
For the Respondent(s): Mrs.S.Indhu Bala Additional Government Pleader

Mandamus issued directing arbitration reference under Section 3G(5) of National Highways Act for land acquisition compensation enhancement.

Headnote:First Paragraph: Under Section 3G(5) of the National Highways Act, 1956, petitioners sought mandamus directing reference of land acquisition compensation proceedings (Rc.A2/374/2022 dated 19.07.2022; Rc.G4/36/2015 dated 30.06.2018, 22.11.2019, 17.11.2020) to arbitration for enhancement. Compensation was determined but petitioners issued notice on 08.01.2023 for arbitration due to dissatisfaction. Court found respondents required verification and directed reference if not already done. Second Paragraph: Issue: Whether respondents must refer proceedings to arbitration under Section 3G(5) upon request for enhanced compensation. Ratio: Court considered counsel submissions and mandated arbitration reference per statute if not initiated, within eight weeks of order receipt. Last Paragraph: Writ petition disposed with directions to refer to arbitration within eight weeks; no costs.

Table of Content
1. petition seeks arbitration reference for compensation enhancement. (Para 1 , 2)
2. respondents seek verification of proceedings. (Para 3)
3. court directs arbitration reference within eight weeks. (Para 4)

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents to refer proceedings Nos.Rc.A2 / 374 / 2022 dated 19.07.2022 and Rc.G4 / 36 / 2015 dated 30.06.2018, 22.11.2019, 17.11.2020 to arbitration as required under Section 3G (5) of the National Highways Act.

For Petitioner(s): Ms.V.Srimathi For Respondent(s): Mrs.S.Indhu Bala Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the respondents to refer proceedings Nos.Rc.A2 / 374 / 2022 dated 19.07.2022 and Rc.G4 / 36 / 2015 dated 30.06.2018, 22.11.2019, 17.11.2020 to arbitration as required under Section 3G (5) of the National Highways Act. 2. The learned counsel appearing for the petitioners would submit that by virtue of four difference proceedings, compensation was determined for the petitioners however, lawyer’s notice dated 08.01.2023 was issued to the respondents to refer the matter to arbitration for the purpose of enhancement of compensation. Since no steps has been taken, the present writ petition is filed.

3. The learned Additional Government Pleader appearing for the respondents would submit that she has to verify and report the same.

4. Considering the submissions made by the learned counsel for the respondent, if the matter is not referred as requested by the petitioners for the purpose of re-determination / enhancement of compensation, the concerned authority / respondent is directed to refer the same to arbitration, in accordance with the National Highways Act, within a period of eight weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above terms. No costs.

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2026 Supreme(Online)(Mad) 31325

IN THE HIGH COURT OF JUDICATURE AT MADRASKRISHNAN RAMASAMY, JSwaminathan – AppellantVersusThe District Collector – RespondentWrit Petition

Mandamus issued directing arbitration reference under Section 3G(5) of National Highways Act for land acquisition compensation enhancement.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Swaminathan – Appellant
Versus
The District Collector – Respondent
Writ Petition