Madras High Court
CMA(MD)/1057/2023 of THE PROJECT DIRECTOR Vs A. Vishalakshi (Died), 1. A. on 28 September 2026
C.M.A.(MD)No.1057 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
CMA(MD) NO. 1057 of 2023
{CNR: HCMD010554092019}
Case QR
and
C.M.P.(MD)No.14435 of 2023
The Project Director,
National Highways,
6, Old No. 44, First Floor,
3rd Main Road, Ponnagar,
Trichy.
... Appellant
Vs.
A.Vishalakshi (Died)
1.A.Vellaichamy
2.A.Nagarajan
3.A.Muthiah
4.The District Revenue Officer,
(Land Acquisition),
National Highways – 45B,
Madurai.
( Uploaded on: 07/10/2026 06:53:06 pm )
C.M.A.(MD)No.1057 of 2023
5.The District Collector,
Madurai.
... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 37 (1) and (2)
of Arbitration and Conciliation Act, to set aside the order of compensation awarded by the Principal District Judge, Madurai in Arbitration O.P.No.21 of 2012 dated 29.06.2018 and allow this appeal.
For Appellant
: Mr.P.Karthick,
Standing Counsel.
For Respondents : Mr.K.Kumaravel for R1 to R3
Mrs.K.R.Shivashankari,
Addl. Government Pleader for R4 & R5.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
(By G.R.Swaminathan, J.) Heard the learned standing counsel for NHAI, the learned counsel for the claimants and the learned Additional Government Pleader for the competent authority.
2. The issue raised in this appeal is no longer res integra. The land belonging to the claimants was acquired under the provisions of the National Highways Act, 1956. The District Collector passed an award
( Uploaded on: 07/10/2026 06:53:06 pm )
C.M.A.(MD)No.1057 of 2023 fixing compensation. Aggrieved by the same, the claimants filed petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the Principal District Court, Madurai. The learned Principal District Judge modified the award and enhanced the compensation. Questioning the same, this appeal has been filed.
3. The Hon’ble Supreme Court in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., (2025) 7 SCC 1 had held that though the power to modify the award is available, it is rather confined to correcting inadvertent errors, including typographical and clerical errors and cannot be exercised to rewrite the award on merits. As regards the course of action to be adopted, the Hon’ble Supreme Court held as follows: “56...if a fog of uncertainty obscures the exercise of modification powers, the courts must not modify the award. Instead, they should avail their remedial power and remand the award to the Tribunal under Section 34(4). In the case on hand, the compensation awarded by the Arbitrator had been enhanced. Such a course of action is impermissible. In view of the aforesaid decision, we deem it fit to remand the matter to the file of the
( Uploaded on: 07/10/2026 06:53:06 pm )
C.M.A.(MD)No.1057 of 2023 Arbitrator(District Collector) for the purpose of deciding if there is case for enhancement of compensation. The Arbitrator is directed to conclude the proceedings within a period of four months from the date of receipt of a copy of this order. The claimant is entitled to plead that the Arbitrator should apply the principle of parity. NHAI is also entitled to place materials in support of their contention that the compensation amount does not deserve to be enhanced as claimed by the land loser.
4. This civil miscellaneous appeal stands allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 28.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
( Uploaded on: 07/10/2026 06:53:06 pm )
C.M.A.(MD)No.1057 of 2023 To:
1. The Principal District Court, Madurai.
2. The District Revenue Officer, (Land Acquisition), National Highways – 45B, Madurai.
3. The District Collector, Madurai. Copy to: The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.
( Uploaded on: 07/10/2026 06:53:06 pm )
C.M.A.(MD)No.1057 of 2023 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias C.M.A.(MD)No.1057 of 2023
28.09.2026
( Uploaded on: 07/10/2026 06:53:06 pm )