D. NAGARATHINAMMAL Vs. PROJECT DIRECTOR

JUDGEMENT

(1.) All the petitioners filed Writ Petitions for direction directing the respondents to grant the enhanced compensation in respect of their respective lands as per the order passed by the Arbitrator/District Collector, Tiruvallur District. The petitioners owned their respective lands and the said lands were acquired for the purpose of laying by-pass road for National Highways 205 under the provisions of the National Highways Act, 1956.

(2.) The Competent Authority-cum-Special District Revenue Officer, National Highways i.e., the second respondent herein passed an award and determined the value of Rs.355.00 per sq.ft i.e., Rs.3,819.55per sq.mt and 10% appreciation amount under Sec. 3G(2) of the National Highways Act, 1956 and also awarded compensation for structural value. On several grounds, all the petitioners have filed Arbitration Petition before the Arbitrator/District Collector, Tiruvallur, to enhance the award amount passed by the second respondent. The Arbitrator/District Collector, Tiruvallur passed an Arbitration award, thereby enhanced the compensation from Rs.355.00 to Rs.800.00 per sq.ft i.e., Rs.3,819.55 per sq.mt to Rs.8,608.00 per sq.mt with an interest at the rate of 9% per annum to be paid for excess amount determined in this order from the date of taking possession viz. under Sec. 3D(1) of the National Highways Act 1956, till the date of actual deposit. On various dates, the award has been passed and enhanced the compensation. Though all the petitioners approached the respondents for disbursement of compensation but of no avail. Therefore, all the petitioners sent their representation as per the Arbitration Award passed by the Arbitrator/District Collector but of no avail. Hence, they approached this Court for mandamus directing the respondents to grant enhanced compensation amount in respect of their respective property which was acquired for laying by-pass road for National Highways 205.

(3.) Mr.N.Chandrasekaran, learned counsel appearing for all the petitioners and Mr.P Subba Reddy, learned counsel appearing for the petitioner in W.P.No.14860 of 2021 submitted that the respondents failed to pay the enhanced compensation amount even after nearly one year from the Arbitration Award passed by the Arbitrator/District Collector, Tiruvallur. In fact, they filed petition to set aside the Arbitration Award as contemplated under Sec. 34 of the Arbitration and Conciliation Act, 1996 belatedly after expiry of limitation. Therefore, it was returned for certain compliance. Again it was re-presented on 14/9/2021. The period of limitation for filing the petition to set aside the Arbitration Award is only ninety days from the date of award as per proviso to Sec. 34(3) and it can be filed with condone delay petition, that too, within a further period of thirty days but not thereafter. Admittedly, in all the cases, the first respondent filed petition to set aside the Arbitration Award after the period of more than six months. Therefore, the petition to set aside the Arbitration Award is not at all maintainable and barred by limitation.