The Madras High Court Bench at Madurai dismissed a civil miscellaneous appeal under the Arbitration and Conciliation Act, 1996, confirming an arbitral award from Theni District Court.
Appeal dismissed; land loser entitled to refund of development charges and compensation for trees and standing crops.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMA(MD). No.225 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Thursday, the Thirteenth day of February Two Thousand and Twenty
PRESENT
The Honble Mr.Justice T.S.SIVAGNANAM AND The Honble Mrs.Justice R.THARANI
CMA(MD). No.225 of 2019
The Project Director, National Highways No.45-E & 220 National Highways Authority of India, Now at:
Plot No.1, Aishwaryam Heights, Indira Nagar, Sennamanaickenpatti (PO), Thadikombu Road, Dindigul - 624 004.
... Appellant
1 K.R.Soundararajan, ... 1st Respondent
2 The Special District Revenue Competent Authority for Land Acquisition, (National Highways- 45-E & 220), Collectorate Buildings, Theni. ... 2nd Respondent
Prayer:- Civil Miscellaneous Appeal filed under Section 37(1) & (2) of Arbitration and Conciliation Act 1996, against the order and executable order dated 02.01.2018 made in Arbitration O.P.No.55 of 2015 on the file of the Principal District and Sessions Judge, Theni.
DECREE:- This Civil Miscellaneous Appeal come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.SU.Srinivasan, Standing Counsel for National https://hcservices.ecourts.gov.in/hcservices/ Highways Authority of India, for the Appellant and of
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CMA(MD). No.225 of 2019
Mr.R.Govindaraj, Advocate for the 1st respondent and of Mr.A.K.Baskarapandian, Special Government Pleader for the 2nd respondent, this Court while dismissing the appeal, doth order and decree as follows:-
(1) That the order and executable order dated 02.01.2018 made in Arbitration O.P.No.55 of 2015 on the file of the Principal District and Sessions Court, Theni, be and hereby is confirmed;
(2) That in addition the Land Loser/Petitioner/1st respondent herein is entitled to get back the amount deducted towards development charges;
(3)That the Land Loser/Petitioner is further entitled for compensation for trees and standing crops which shall be determined by the Competent Authority for Land Acquisition/2nd respondent herein within a period of eight weeks from the date of receipt of a copy of this Judgment;
(4)That the Land Loser/petitioner be and hereby is also entitled to solatium and interest as per the Judgment of the Honourable Supreme Court in Union of India and Others -vs- Tarsem Singh and another, in C.A.No.7064 of 2019 dated 19.09.2019, if not already calculated and added to the compensation determined; and
(5) That there be no costs in this Civil Miscellaneous Appeal.
Sd/-
Assistant Registrar(CS-II)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
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CMA(MD). No.225 of 2019
To
2 The Special District Revenue Competent Authority for Land Acquisition, (National Highways- 45-E & 220), Collectorate Buildings, Theni.
Copy to:
The Section Officer, V.R. Section,
Madurai Bench of Madras High Court, Madurai - 2 Copies
+2 cc to M/S.SU.Srinivasan, Advocate (SR-6042 dated 13/02/2020)
+1 CC to Mr.R.Govindaraj, Advocate ( SR-6026 dated 13/02/2020 )
ORDER DATED : 13/02/2020
========================== DECREE ==========================
CMA(MD). No.225 of 2019
Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the order and decree dated 02.01.2018 made in Ar.O.P.No.55 of 2015 on the file of the Principal District and Sessions Court, Theni.
SDS (27.08.2020) 3P 8C
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2 issues framed by the court
Whether the order and executable order dated 02.01.2018 in Arbitration O.P.No.55 of 2015 should be confirmed or set aside.
Whether the land loser is entitled to the refund of development charges and compensation for trees and standing crops.
Colour shows how this judgement treated each authority
Union of India and Others vs. Tarsem Singh and anotherReferred¶21
Union of India and Others -vs- Tarsem Singh and another, in C.A.No.7064 of 2019 dated 19.09.2019
1 provisions across 1 enactments
The Project Director, National Highways No.45-E & 220 National Highways Authority of India
K.R.Soundararajan
The Special District Revenue Competent Authority for Land Acquisition
T.S.SIVAGNANAM
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
