M.Malarvizhi v. The Arbitrator Cum District Collector

ORDER The petitioner's land was acquired under the National Highways Act, 1956 (NH Act). Being aggrieved by the compensation determined by the Special Tahsildar, the petitioner applied under Section 3G(5) of the NH Act before the District Collector for enhancement. By arbitration award dated

21.06.2023, the compensation payable to the petitioner was enhanced. On account of non-payment of enhanced compensation, the petitioner has approached this Court.

¶2Ms. Indhu Bala, learned Additional Government Pleader, accepts notice for respondents 1 & 2. Mr.Su.Srinivasan, learned standing counsel, accepts notice for the third respondent.

¶3The third respondent submits that the original compensation amount was paid to the petitioner and that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed before the jurisdictional District Court Page3 of 4 at Dharmapuri challenging the arbitration award. It is also stated that said petition has been numbered as Arbitration O.P.No.10 of 2024. Learned standing counsel further submits that an arbitration award may be executed under Section 36 of the statute and that a petition under Article 226 of the Constitution of India cannot be resorted to for purposes of enforcement.

¶4The Arbitration and Conciliation Act does not provide for an automatic stay of the arbitral award. If the third respondent requires a stay, the third respondent should apply for and obtain a stay. As on date, no stay has been obtained by the National Highways Authority of India.

¶5Considering the aforesaid, this writ petition is disposed of on the following terms: Unless the third respondent obtains a stay of the arbitral award dated

21.06.2023, compensation along with applicable interest shall be paid by the respondents to the petitioner within two months from the date of receipt of a copy of this order. There will be no order as to costs. 26-02-2026 Index : Yes/No Internet:Yes/No kj Page4 of 4

SENTHILKUMAR RAMAMOORTHY, J. KJ To

1.The Arbitrator-cum-District Collector Collectorate office, Dharmapuri District.

2.Competent Authority / Special District Revenue Officer-Land Acquisition, National Highways-844 (Hosur-Royakottai-Dharmapuri Section) Dharmapuri District.

3.The Project Director (NH 844) National Highways Authority of India PIU-Krishnagiri 259/1, Salem main Road, Near KAKC Petrol Bunk, Krishnagiri District. 26-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY M.Malarvizhi W/o.Madeshwaren, 35, Virupatchipuram Village, Dharmapuri District. ..Petitioner Vs 1. The Arbitrator-cum-District Collector Collectorate office, Dharmapuri District. 2. Competent Authority / Special District Revenue Officer-Land Acquisition, National Highways-844 (Hosur-Royakottai-Dharmapuri Section) Dharmapuri District. 3. The Project Director (NH 844) National Highways Authority of India PIU-Krishnagiri 259/1, Salem main Road, Near KAKC Petrol Bunk, Krishnagiri District. ..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3rd respondent to pay the enhanced compensation in the light of the Arbitration Award dated 21.06.2023 in S.R.807 / 2020/ U2 to the petitioner's property by disposing of the petitioner's representation dated 23.3.2024, 25.04.2024 and the reminder representation dated 08.08.2025 within the time to be stipulated by this Honourable Court. Page2 of 4 For Petitioner: Mr. R.Rameshraja For Respondents: Ms. Indhu Bala, Additional Govt. Pleader for R1 & R2 Mr. Su.Srinivasan for R3