1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH C.M.A.(MD) Nos.977, 981 to 989 of 2011 and M.P.(MD) Nos.2,2,2,2,2,2,2,2,2,2 & 2 of 2011 The Project Director, National Highways Authority, National Highways – 7, No.83/1, S.B.I.Colony, 1st street, Bye pass Road, Madurai - 16. : Appellant in all CMAs// 2nd Respondent in all Petitions Vs. R.Karuppiah : 1st Respondent in CMA 997/11 Claimant K.Selvam : 1st Respondent in CMA 981/11 Claimant S.Alagarsamy : 1st Respondent in CMA 982/11 Claimant R.Navamani : 1st Respondent in CMA 983/11 Claimant M.Gopalakrishnan : 1st Respondent in CMA 984/11 Claimant G.Ravi : 1st Respondent in CMA 985/11 Claimant Subbulakshmi : 1st Respondent in CMA 986/11 Claimant R.Pappaiah : 1st Respondent in CMA 987/11 Claimant G.Venkitasamy : 1st Respondent in CMA 988/11 Claimant R.Radhakrishnan : 1st Respondent in CMA 989/11 Claimant https://hcservices.ecourts.gov.in/hcservices/ 2 The District Revenue Officer, (Land Acquisition National Highways), Collectorate Buildings, Madurai - 625 020. : 2nd Respondent in all CMAs/ Respondent No.1 in all Petitions Prayer: Appeal filed under Section 37(26) of the Arbitration & Conciliation Act, against the judgment and decree dated 30.11.2010 made in AR.O.P.Nos.8, 16, 9, 10, 11, 12, 13, 14, 15 and 17 of 2009 respectively on the file of the learned Principal District Judge, Madurai, by setting aside the order of the Arbitrator AP.N.B.10/17/VPT/Thathampatti/07 dated 31.07.2009 on the file of the Arbitrator / District Collector, Madurai and the award in Ref.No.B/10/111594/2005 dated 14.05.2007 on the file of the Competent Authority / District Revenue Officer, Madurai. For Appellant : Mr.K.K.Senthilvelan, ASGI For Respondents : Mr.K.Mahendran, Spl.G.P. for R2 in all C.M.As Mr.R.Govindaraj for R1 in in all C.M.As COMMON JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) These appeals have been filed against the ex-parte orders passed by the learned Principal District Judge, Madurai under Section 34(2) of the Arbitration and Conciliation Act, 1996, at the instance of the 1st respondent, by which, the amount of compensation originally fixed by the Competent Authority / District Revenue Officer, Madurai and the Arbitrator / District Collector was Rs.435/- per cent in respect of punja lands and Rs.1038/- per cent in respect of nanja lands, by increasing it at Rs.10,480/- per cent in respect of both punja and nanja lands, on appreciation of the documents and evidence, which were placed before the Competent Authority and the Arbitrator. 2. It is the case of the learned Additional Solicitor General of India appearing for the appellant that before the Original Authority and the Arbitrator, the documents were filed and while the Arbitration O.Ps. under Section 34(2) were filed, even though appellant has entered appearance, was unable to let in evidence to substantiate their case and it was in those circumstances, there was an exorbitant increase of the amount of compensation and therefore, he would submit that other batch of 41 cases are pending before the learned Principal District Judge, in which, enquiry is being conducted. It is his apprehension that if this appeal is allowed, there is a possibility for the learned Principal District Judge to https://hcservices.ecourts.gov.in/hcservices/ 3 follow this order and the appellant is constrained to file the appeal for the reason that there has been a steep increase in compensation without hearing the appellant. 3. For the purpose of enhancing the amount of compensation on the application filed under Section 34(2) of the Act by the 1st respondent, it is admitted that both the appellant as well as the respondents herein have not filed any documents or adduced any evidence and inspite of it, on appreciation of the existing documents, the learned Principal District Judge has enhanced it from Rs.435/- and Rs.1038/- respectively, to that of Rs.10480/-. 4.In such view of the matter, we are of the view that the matter must be heard along with other 41 cases pending before the learned Principal District Judge. Accordingly, the impugned order stands set aside and the matter is remitted back to the learned Principal District Judge, Madurai for the purpose of deciding the application filed under Section 34(2) of the Act along with other OPs. on merits and in accordance with law, after giving opportunity to both the parties. The learned Principal District Judge shall dispose of all the appeals expeditiously in any event, within a period of 6 months from the date of receipt of a copy of this order. It is needless to state that while deciding the O.Ps. the learned Principal District Judge shall not be influenced by any of the observations made by this Court. The Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To The Principal District Judge, Madurai. Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.R.Govindaraj, Advocate (SR.No.30287) C.M.A.(MD)Nos.977, 981 to 989 of 2011 07.09.2011 nbj NSV/11.10.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/