Madras High Court
T.S.Sivakumar vs The District Collector on 30 June, 2021
W.P.No.16103 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.16103 of 2019
T.S.Sivakumar,
S/o.T.K.Loganathan ... Petitioner
Vs.
1. The District Collector,
Tiruvallur District,
Tiruvallur-602 001.
2. The Special District Revenue
Officer (L.A.),
National Highways Scheme-205-
Tiruvallur, Periyakuppam,
Tiruvallur District.
3. The Project Director,
National Highways Authority of
India, Chennai-32. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the 1st Respondent to
dispose the Arbitration petition dated 22.09.2016 filed by the petitioner
under Sec.3-G(5) of the National Highways Act, 1956 for enhanced
compensation to the acquired land of the petitioner in Survey Nos.132/21A2,
132/21B2, 132/21C, 132/21D2, 132/26B, 132/28A1B, 132/28A2,
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W.P.No.16103 of 2019
132/28B1B, 132/28B2B, 132/29B and 132/30B to a total extent of 4526
sq.mts. situated at No.41, Panapakkam Village, Tirutani Taluk, Tiruvallur
District within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.P.S.Kothandaraman
For Respondents : Mr.Yogesh Kannadasan,
Government Advocate for R1 & R2
Mr.Su.Srinivasan for R3
ORDER
(The case has been heard through video conference)
The Writ Petition has been filed seeking a direction directing the 1st
respondent to consider the petitioner's application filed under Sec.3-G(5) of
National Highways Act before the 2nd respondent seeking for enhancement
of compensation.
2. According to the petitioner, the petitioner's land was acquired by the
respondents for National Highways Scheme-205, subsequently, an award
came to be passed on 24.08.2011. Thereafter, the petitioner has filed an
application under Sec.3-G(5) of National Highways Act on 22.09.2016
seeking for enhancement of compensation. But, so far, that application was
not considered and no order has been passed on it. Hence, the present writ
petition has been filed by the petitioner.
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W.P.No.16103 of 2019
3. Earlier, notice ordered to the respondents. Today, when the matter
taken up for hearing, Mr. Su.Srinivasan, learned counsel appearing for 3 rd
respondent National Highways Authority would submit that, admittedly, the
award was passed on 24.08.2011 and the petitioner has submitted his
application on 22.09.2016. He would submit that, under Art.137 of
Limitation Act, the application ought to have been filed within a period of
three years. Since the application has been filed beyond that period, the 2nd
respondent cannot entertain the application as it is barred by limitation. The
learned counsel has also fairly submitted that, earlier, the Division Bench of
this Court in W.A.No.308 to 312 of 2016 vide order dated 25.04.2018 has
held that, the provisions of Art.137 of Limitation Act, is not applicable to the
arbitration proceedings under Section 3-G(5) of National Highways Act.
However, the above said judgment has been stayed by Hon'ble Supreme
Court in S.L.P. (C) Diary No.36319 of 2018 dated 19.11.2018 and the said
S.L.P. is still pending. In the said circumstances, until Hon'ble Supreme
Court decides the issue, the 1st respondent District Collector cannot consider
the petitioner's application.
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W.P.No.16103 of 2019
4. I have considered rival submissions made by learned counsel
appearing for petitioner, learned Government Advocate appearing for
respondents 1 and 2 and also learned counsel appearing for 3rd respondent
and perused the records.
5. Considering the fact that, the question of limitation for filing
arbitration proceedings under Section 3-G (5) of National Highways Act is
now pending with Hon'ble Supreme Court, this Writ Petition is disposed of
with a direction to the 1st respondent District Collector to consider the
petitioner's application subject to the outcome of judgment passed by
Hon'ble Supreme Court in the above said S.L.P. Accordingly, this Writ
Petition stands dispoed of. No costs.
30.06.2021
rpp
To
1. The District Collector, Tiruvallur District,
Tiruvallur-602 001.
2. The Special District Revenue
Officer (L.A.), National Highways
Scheme-205 Tiruvallur, Periyakuppam,
Tiruvallur District.
3. The Project Director,
National Highways Authority of
India, Chennai-32.
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W.P.No.16103 of 2019
V.BHARATHIDASAN, J.
rpp
W.P.No.16103 of 2019
30.06.2021
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