Advocates:
['C PRAKASAM', 'M/S S R SUMATHY', 'G EZHILPRIYANGA', 'FOR R DT', '', 'M ELUMALAI GA TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

W.P.NO.32133 OF 2019

AND

W.M.P.NO.32408, 32410, 32411, 32413, & 33509 OF 2019

1. R.Rajendra Prasath

2. R.Gopalakrishnan

3. Thilagavathi

4. M.Rubathiran

5. Chithra

6. Mahadevan

7. Mani

8. ThillaiVillalan

... Petitioners

Vs

1. The District collector/Arbitrator,

Cuddalore District,

Cuddalore.

2. The Land Acquisition Officer NH 45-C/

District Revenue officer,

Collectorate , Villupuram.

3. The Project Director,

National Highways-45-C,

Natarajapuram Colony,

Medical College Road,

Tanjore.

... Respondents

Writ Petition filed under Article 226 of the Constitution

of India to issue a Writ of Certiorarified Mandamus, calling for

the entire records relating to the impugned order passed by the

https://hcservices.ecourts.gov.in/hcservices/

1^st respondent in his proceedings Na.Ka.L3(Arbit)20142/2019,

dated 15.10.2019 and quash the same in so far relates to the

petitioners concerned and consequently directing the respondents

to fix the higher compensation in so far relates to the 1st

petitioner's land situated in S.No.140/2 to the extent of 105

sq.meter, which is classified as Ryotwari House Site and the 2nd

petitioner's house site is situated in S.No.140/1 to the extent

of 239 sq.meter along with one concrete big residential house

and another tiled house and two huts and the 3rd petitioner's

house site is situated in S.No.140/1 to the extent of 80

sq.meter and the 4th petitioner's house site is situated in

S.No.138/5B to the extent of 53 sq.meter along with one

residential hut and the 5th petitioner's house site is situated

in S.No.138/6B to the extent of 40 sq.meter along with one tile

residential house and the 6th petitioner's house site is

situated in S.No.138/5B to the extent of 53 sq.meter along with

tiled residential house and the 7th petitioner's house site is

situated in S.No.140/1 and 138/1P2 to the extent of 239 sq.

meter and 66 sq.meter respectively along with one concrete big

residential house and two tiled residential houses and three

huts and the 8th petitioner's house site is situated in

S>No.140/2 to the extent of 125 sq.meter along with hut by

taking note of the sale deed in Document NO.1485 of 2012, dated

20.09.2012 together with 100% solatium, multiplier factor into

2 with 12% interest along with benefits of under the provisions

of U/s31, 38 and 105(3) of Rehabilitation and resettlement of

RFCTLARR Act (Act 30 of 2013).

For petitioners

...

Mr.C.Prakasam

For respondents

...

Mr.M.Elumalai,

Additional Government Pleader

R1 & R2

... S.R.Sumathy,

Standing Counsel, for R3

ORDER

This writ petition has been filed challenging the award

passed by the first respondent under Section 3G(5) of the

National Highways Act.

2. Admittedly, against any award passed under Section

3G(5) of the said act, the provisions of Arbitration and

Conciliation Act will apply and the remedy available to the

petitioners is only before the concerned Principal District

Court, and seek appropriate remedy. Without approaching the

https://hcservices.ecourts.gov.in/hcservices/

concerned forum, the petitioners cannot challenge the award by

way of writ petition. Hence, the petition is liable to be

rejected. However, considering the fact that the award was

passed on 15.02.2016 and the petitioners have also filed the

writ petition immediately, it is open to the petitioners to file

necessary application for condonation of delay in filing a

petition seeking for enhancement of compensation, on filing such

application, the District Court is directed to consider that

application taking into consideration of the pendency of the

writ petition and pass suitable order.

3. With the above directions, this Writ Petition is