K.SHRIKALA Vs. DISTRICT COLLECTOR-CUM-ARBITRATOR

JUDGEMENT

(1.) The petitioner in this Writ Petition, challenges an order dated 27.01.2013 passed by the first respondent/District Collector-cum-Arbitrator, Dharmapuri District, fixing the compensation at the rate of Rs.59/- per sq.ft.

(2.) The National Highways Authority of India/4th respondent initiated proceedings to acquire land in Reddihalli Village, Dharmapuri District, for widening of NH-7 between Krishnagiri to Thoppur Ghat Section. Notification under Section 3 (A) of the National Highways Act, 1956, was issued. Proceedings under the National Highways Act, were started for calculating the compensation, to be paid to the land owners. The compensation has been determined by the competent authority, who is the District Collector/Arbitrator, Dharmapuri District. Section 3 G (6) of the National Highways Act provides that the proceedings under the National Highways Act are governed by the Arbitration and Conciliation Act, 1996.

(3.) The order impugned in this case is passed under Section 3 G (1) of the National Highways Act. Award can be challenged only by filing an application under Section 34 of the Arbitration and Conciliation Act, before the Court of competent jurisdiction. The Writ Petition is therefore, not maintainable. The Award was passed on 27.01.2013 and the Writ Petition has been filed on 16.02.2013. The benefit of Section 14 of the Limitation Act would therefore, be available to the petitioner. The petitioner seeks permission of this Court to withdraw the Writ Petition to file an appropriate application under Section 34 of the Arbitration and Conciliation Act. The petitioner may do so within a period of two (2) weeks from today (05.04.2019). On such application under Section 34 of the Arbitration and Conciliation Act, being filed, the competent Court would extend the benefit of Section 14 of the Limitation Act to the petitioner and hear the objection of Award on merits.