R.SRINIVASAN Vs. DISTRICT COLLECTOR/ARBITRATOR

JUDGEMENT

(1.) Since the issue involved in all the four Civil Revision Petitions is one and the same, they are taken up for disposal by a common order.

(2.) The lands belonged to the petitioner in all the four civil revision petitions were acquired by the National Highways Authority of India, the third respondent herein and the third respondent has paid compensation to the revision petitioner and award has been enhanced by the District Collector, the first respondent herein. Invoking the Arbitration Act, the revision petitioner has filed Arb.O.P.Nos.13 of 2017, 186 of 2018, 51 of 2016 and 168 of 2013 before the learned Principal District Judge, Villupuram.

(3.) Pending the above Arb.O.Ps., the revision petitioner, who is the land owner in all the four cases, had filed four Interlocutory Applications under Section 34(2) of the Arbitration and Reconciliation Act, 1996 r/w. Order 26 Rule 9 of CPC, viz., (1) I.A.No.945 of 2019 praying to appoint an Advocate Commissioner to inspect the land which is situated in S.No.11/1B2, at Kidangal Village, Tindivanam Town, Villupuram District measuring to an extent of 270 square meters or 2906 sq. fts and assess the potential value; (2) I.A.No.924 of 2019 praying to appoint an Advocate Commissioner to inspect the land which is situated in S.No.11/1B1B, at Kidangal Village, Tindivanam Town, Villupuram District, measuring to an extent of 285 square meters i.e., 3067.71 sq. fts and assess the potential value; (3) I.A.No.946 of 2019 praying to appoint an Advocate Commissioner to inspect the land which is situated in S.No.11/2B2, at Kidangal Village, Tindivanam Town, Villupuram District measuring to an extent of 00483 square meters i.e., 5199 sq. fts. and assess the potential value and (4) I.A.No.927 of 2019 praying to appoint an Advocate Commissioner to inspect the land which is situated in S.No.11/1 and 11/2 in Ward "F" Block - 19 at Kidangal Village, Tindivanam Town, Villupuram District, measuring to an extent of 121578 sq. ft. or 2.79 acres and assess the potential value. The lands mentioned in the first three I.As. were acquired for the purpose of expansion of National Highways 66 (Pondy-Tindivanam four lane) and award was passed by the second respondent in N.K.No.441/2007 N.H.66/DINDI, dated 18.12.2009. The land mentioned in I.A.No.927 of 2019 was acquired for the purpose of formation of bye pass road at NH 45, Tindivanam, Villupuram and Trichy and award was passed by the second respondent in N.K.A.No.020/2003/N.H.45/DINDI, dated 18.03.2006.