T. YUNIS Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) HEARD Sri. S.N.Ashwathnarayana, learned counsel for the appellant and Government Advocate for R-2.

(2.) THE appellant is challenging the legality and correctness of the order passed by the learned Single Judge in WP Nos.63881/2012 and 63913-15/2012 dated 29/8/2012, wherein, the petition filed by the appellant has been dismissed.

(3.) THEREAFTER , the National Highway Authority of India- first respondent herein, moved an application under Section 3G(5) of the National Highway Act 1956, to re-determine the compensation by the Arbitrator to be appointed by the Central Government. The second respondent-Deputy Commissioner-Bellary, was appointed by the Central Government for re- determining the market value as arbitrator. The appellant appeared before the Arbitrator and raised an objections in regard to the maintainability of the application under Section 3G(5), contending that the same was bared by limitation. The Arbitrator after hearing the parties came to the conclusion that the application filed by the National Highway Authority was maintainable and not bared by limitation. Accordingly, the contention of the appellant was rejected. The appellant filed the writ petitions challenging the said order. The learned Single Judge has dismissed the petitions on the ground that the limitation to file an application under Section 3G(5) of the Highways Act would fall under Article 137 of the Limitation Act and an application can be filed for re- determination of the market value, within a period of three years. Accordingly, petitions were dismissed. Challenging the same, these appeals are filed.