LAWS(KAR)-2024-1-134

T. YOUNIS Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

Decided On January 22, 2024
T. Younis Appellant
V/S
NATIONAL HIGHWAY AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner being the owner of the land bearing Sy.No.503/A1 and 503/B2 of Amarathi village, Hospet, being aggrieved by the compulsory acquisition of land sought for by respondent No.2 for widening of the National Highway from 4 to 6 lanes of N.H.13 from Hungund to Hospete, was constrained to approach the Methodology of Compulsory Arbitration prescribed under Subsec. (g) of Sec. 3 of the National Highways Act, 1956 ['Act of 1956'for short]. An Arbitral award was passed on 3/2/2022.

(3.) The respondent No.1-National Highway Authority of India [NHAI] filed an application on 8/3/2022 under Sec. 33(1)(a) of the Arbitration and Conciliation Act, 1996 ['Act of 1996' for short] contending that the award copy had been received in the second week of February 2022 [date neither given in the application nor before this court]. The said application came to be dismissed by the respondent No.3-Arbitrator-Deputy Commissioner on 4/7/2022.