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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
| 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.
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