Madras High Court
Parsanchand Chordia vs The District Collector on 28 September, 2021
C.M.A.No.2947 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2947 of 2017
Parsanchand Chordia ... Appellant
Vs
1.The District Collector,
Namakkal.
2.The Competent Authority,
(District Revenue Officer,
Namakkal).
3.The Project Officer,
National Highways,
Authority of India,
Karur. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the order and decretal order dated 07.04.2017
passed in A.O.P.No.130 of 2014 on the file of the learned Principal District
Judge, Namakkal.
For Appellant : Mr.B.Arvind Srevatsa
For respondents 1 & 2 : Dr.S.Suriya, Government Advocate
For respondent 3 : Mr.Richardson Wilson
for M/s.P.Wilson Associates
1/6
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C.M.A.No.2947 of 2017
JUDGMENT
This Appeal has been filed under section 37 of the Arbitration and
Conciliation Act challenging the order dated 07.04.2017 passed by the
learned Principal District Judge, Namakkal dismissing the application filed
under section 34 of the Arbitration and Conciliation Act, 1996 challenging
the arbitral award dated 19.07.2013 passed by the first respondent under the
National Highways Act.
2. The Appellant aggrieved by the arbitral award dated 19.07.2013
passed under the National Highways Act fixing the compensation for the
acquired lands at Rs.180.06 per sq.m, has filed A.O.P.No.130 of 2014
before the learned Principal District Judge, Namakkal under section 34 of
the Arbitration and Conciliation Act. By order dated 07.04.2017 passed in
A.O.P.No.130 of 2014, the learned Principal District Judge, Namakkal
dismissed the application. Aggrieved by the same, this appeal has been filed
by the Appellant under section 37 of the Arbitration and Conciliation Act,
1996.
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C.M.A.No.2947 of 2017
3. Learned counsel for the Appellant on instructions would now
submit that the Appellant is satisfied with the arbitral award dated
19.07.2013 passed by the first respondent wherein the compensation has
been fixed for the acquired lands at Rs.180.06 per sq.m.
4. It is also now well settled law as laid down in the latest decision of
the Hon'ble Supreme Court in the case of Project Director vs. M.Hakeem
and another reported in 2021 SCC Online SC 473 that an arbitral award
cannot be modified by the Court exercising its power under section 34 of
the Arbitration and Conciliation Act, 1996.
5. The learned Principal District Judge, Namakkal under the
impugned order dated 07.04.2017 has dismissed the application filed by the
Appellant under section 34 of the Arbitration and Conciliation Act, 1996 in
A.O.P.No.130 of 2014.
6. Since the Appellant is satisfied with the arbitral award dated
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C.M.A.No.2947 of 2017
19.07.2013 passed by the first respondent, there is no scope for interference
with regard to the order dated 07.04.2017 passed by the learned Principal
District Judge, Namakkal in A.O.P.No.130 of 2014. Accordingly, this civil
miscellaneous appeal is dismissed. No costs.
28.09.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.2947 of 2017
To
1. The Principal District Judge, Namakkal.
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C.M.A.No.2947 of 2017
ABDUL QUDDHOSE, J.
nl
C.M.A.No.2947 of 2017
28.09.2021
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