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2026 Supreme(Online)(Mad) 32928

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
S.Gowindasamy – Appellant
Versus
The Arbitrator cum District collector Collectorate office, Krishnagiri District – Respondent
Writ Petition

Advocates:
For Petitioner(s): Mr.R.Rameshraja
For Respondent(s): Mr.D.Ravichander, Special Government Pleader (For R1 & R2), Mr.S.R.Sumathy, Standing Counsel (For R3)

Writ petition for land compensation enhancement not maintainable during ongoing statutory arbitration under National Highways Act.

Headnote:The petitioner sought enhancement of compensation for land acquired under Section 3G(5) of the National Highways Act, 1956, invoking provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 18-27 of the Arbitration and Conciliation Act, 1996. The court found that arbitration proceedings had commenced and the arbitrator had acted on the reference. The court determined that the writ petition was not maintainable as contentions must be raised before the arbitrator. The primary issue was whether a writ petition for compensation enhancement is maintainable during ongoing arbitration under Section 3G(5). The ratio decidendi holds that parties must pursue claims before the arbitrator, challenging any adverse award under Section 34 of the Arbitration and Conciliation Act, 1996, rather than invoking writ jurisdiction prematurely. The writ petition was disposed of, granting liberty to raise contentions before the arbitrator and challenge the award under Section 34 if unsatisfied, with no order as to costs.

Table of Content
1. petition seeks compensation enhancement post-acquisition. (Para 1)
2. writ not maintainable during ongoing arbitration. (Para 2 , 3)
3. liberty to approach arbitrator and challenge award. (Para 4)

O R D E R

This Writ Petition has been filed seeking enhancement of the compensation. Admittedly, the arbitration has already been initiated under Section 3G(5) of the National Highways Act, 1956. Arbitrator has also acted upon the said reference. It is for the Arbitrator to determine the compensation payable to the land owners whose lands have to be acquired under the . The petitioner, whose lands has also been acquired under the National Highways Act, has filed this Writ Petition seeking enhancement of the compensation.

2.The Writ Petition of this nature is not maintainable, that too, when the Arbitrator has already acted upon the reference as per provisions of Section 3G(5) of the National Highways Act, 1956. The contentions that are raised by the petitioner in this Writ Petition will have to be raised only before the Arbitrator under (5) of the . Instead of raising the same before the Arbitrator, the petitioner has filed this Writ Petition, which is not maintainable.

3.In case the Arbitrator has not considered the petitioner's contentions as raised in this Writ Petition, the petitioner will have to wait for the passing of the final arbitral award determining the compensation payable to the petitioner and thereafter, challenge the same under Section 34 of the Arbitration and Conciliation Act, 1996.

4.For the foregoing reasons, this Writ Petition is disposed of by granting liberty to the petitioner to raise all contentions which have been raised in this Writ Petition before the Arbitrator and the Arbitrator shall consider the same while determining the compensation payable to the petitioner in the final arbitral award. In case the petitioner is unsatisfied with the arbitral award, the petitioner has always got the legal right to challenge the same under Section 34 of the Arbitration and Conciliation Act, 1996. However, there shall be no order as to costs. 09-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSA To

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2026 Supreme(Online)(Mad) 32928

IN THE HIGH COURT OF JUDICATURE AT MADRASABDUL QUDDHOSE, JS.Gowindasamy – AppellantVersusThe Arbitrator cum District collector Collectorate office, Krishnagiri District – RespondentWrit Petition

Writ petition for land compensation enhancement not maintainable during ongoing statutory arbitration under National Highways Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
S.Gowindasamy – Appellant
Versus
The Arbitrator cum District collector Collectorate office, Krishnagiri District – Respondent
Writ Petition