KOMBI Vs. NATIONAL HIGH WAY AUTHORITY

JUDGEMENT

(1.) A common issue arises in these Original Petitions filed under Article 227 of the Constitution of India. They were therefore heard together and are disposed of by this common judgment.

(2.) The petitioners in these Original Petitions are land owners, who own lands in Alathur Taluk. Portions of their lands were acquired for widening the National Highway 47. Dissatisfied with the land value awarded by the Special Land Acquisition Officer, the petitioners filed separate applications before the Arbitrator appointed under section 3 G(5) of the National Highway Act, 1956. By separate orders passed on different dates, the Arbitrator held that the petitioners will be entitled to enhanced land value together with interest at 9% per annum on the enhanced amount from the date of dispossession of the acquired land till the date of actual deposit thereof.

(3.) The petitioners thereafter filed separate petitions under section 34 of the Arbitration and Conciliation Act, 1996 in the Court of the District Judge of Palakkad. The petitions were returned as defective for various reasons on different dates, to be re-presented within 15 days. The defects were cured and the petitions were represented after the period of 15 days along with applications to condone the delay in re-presentation. The delay in re-presentation exceeded 30 days in all these cases. By the impugned orders, the Court of the District Judge held that under section 148 of the Code of Civil Procedure, the court does not have the discretion to condone delay in re-presentation exceeding 30 days. The applications to condone delay in re-presenting the petitions filed under section 34 of the Arbitration and Conciliation Act, 1996, were accordingly dismissed. Hence, these Original Petitions under Article 227 of the Constitution of India.