Madras High Court
R.Manoharan vs The District Collector Cum Arbitrator on 18 September, 2024
C.M.A.(MD) No.1233 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.1233 of 2016
R.Manoharan. ... Appellant
Vs.
1.The District Collector cum Arbitrator,
Collectorate Building,
Tiruchirappalli.
2.The Project Director,
National Highways Authority of India,
Ponnagar, Trichy.
3.The Special District Revenue Officer,
Land Acquisition (National Highways),
Ponnagar, Tiruchirappalli. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 37 of the
Arbitration Act, 1996, against the order, dated 19.04.2013 passed in
Arbitration O.P.No.8 of 2010, on the file of the Principal District Judge,
Tiruchirappalli.
For Appellant : Mr.P.Jayaprakash Narayan
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Page No. 1 of 6
C.M.A.(MD) No.1233 of 2016
For Respondents
for R1 & R3 : Mr.V.Omprakash,
Government Advocate
for R2 : Mr.S.Sankarapandian
for M/s.C.Arulvadivel Associates
*****
JUDGMENT
The instant appeal has been filed under Section 37 of the
Arbitration and Conciliation Act, 1996 (hereinafter called ‘the Act’).
2. The appeal arising under the following circumstances:
a. The land of the appellant was acquired under Section 3A of the
National Highways Act, 1956. The first respondent herein had determined
the compensation based on the market value of the land and fixed the
compensation at Rs.86/- per sq.m, though the third respondent herein
while acquiring the land had fixed the compensation at Rs.56/- per sq.m.
b. The appellant challenged the said award of compensation before
the learned Principal District Judge, Trichy, under Section 34 of the 'Act'.
c. The first respondent filed a counter before the Principal District
Judge, Trichy, stating that based on the value of the land, the
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compensation determined by the first respondent at Rs.86/- per sq.m was
fair and just and therefore, the petition filed under Section 34 of the 'Act'
is not maintainable.
d. The learned Judge had considered the rival submissions and held
that the appellant herein had not made out any ground available to him
under Section 34 of the ‘Act’ for setting aside the award.
3. The learned counsel for the appellant submitted that the learned
Principal District Judge, Trichy, ought to have seen that since the
compensation awarded was meagre, the finding of the first respondent
was liable to be set aside as it is perverse.
4. The learned counsel for the respondents, per contra, submitted
that since none of the grounds enumerated in Section 34 of the 'Act' for
setting aside the award, were made out the order of the learned Judge
dismissing the petition under Section 34 is in accordance with law.
5. The only point raised by the learned counsel for the appellant is
that the compensation determined by the first respondent herein at Rs.86/-
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per sq.m is meagre; and that it is not based on any acceptable material as
the first respondent ought to have fixed the value based on the documents
furnished by the appellant. The above ground is factual. In any case, the
learned counsel for the appellant was unable to point out as to why the
impugned order, which has been passed on the correct appreciation of
Section 34 of the ‘Act’, has to be set aside. It is well settled that the scope
of Section 37 of the 'Act' is much narrower than the scope of the petition
under Section 34 of the 'Act'. This Court, therefore, finds no infirmity in
the order passed by the learned Judge in dismissing the above petition
under Section 34 of the ‘Act’. Therefore, there is no merit in the instant
appeal.
6. In the result, this Civil Miscellaneous Appeal is dismissed. No
costs.
18.09.2024
Index: Yes/ No
NCC: Yes / No
Speaking Order / Non-Speaking Order
apd
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To:
1. The Principal District Judge, Tiruchirappalli.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
apd
18.09.2024
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