NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. T. YOUNIS

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from the judgment and order dtd. 22/1/2024, passed by the High Court of Karnataka, Dharwad Bench, ( "High Court ") by which the writ petition [Writ Petition No. 105176 of 2023 (GM-RES).] preferred by the Respondents was allowed. By the said order, the High Court, set aside the order dtd. 5/8/2023 passed by the Principal District and Sessions Judge, Bellary, whereby delay in filing the applications under Sec. 34 of the Arbitration and Conciliation Act, 1996 ( "the Act ") was condoned.

(3.) Facts leading to filing of this appeal are that on 15/12/2009, the Ministry of Shipping, Road Transport and Highways issued a preliminary notification under Sec. 3A(1) of the National Highways Act, 1956, ( '1956 Act ') for acquisition of land in Bellary District. The said notification included the land belonging to Respondent No.1 as well. By a declaration dtd. 14/12/2010 issued under Sec. 3D(2), the land vested in the Central Government free from all encumbrances. The competent authority by an Award dtd. 5/12/2011, determined the compensation under Sec. 3G(1) of the 1956 Act.