SUMMI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by petitioner - Smt. Summi Bai being aggrieved by an order dtd. 25/2/2020 (Annexure P-9) passed by the Commissioner, Jabalpur Division, Jabalpur in the capacity as Arbitrator under Sec. 3G(5) of the National Highways Act, 1956 (for short "the 1956 Act").

(2.) The Commissioner, by the aforesaid order, has dismissed the application filed by the petitioner under Sec. 3G(5) of the 1956 Act, questioning the correctness of quantum of compensation awarded by the Competent Authority-cum-Sub Divisional Officer (Revenue), Jabalpur and praying for enhancement of the same. The learned Commissioner has held that the award was passed on 19/12/2014 and as per Article 137 of the Limitation Act, 1963, limitation for filing of such application would be three years. Since the application has been filed before the Arbitrator on 6/9/2018 therefore, it was time barred by nine months.

(3.) Learned counsel for the petitioner has relied upon the two Division Bench decisions of this Court in WP No.20609/2016 (Lal Singh vs. The Union of India) decided on 21/12/2016 and WP No.692/2017 (Gourishanker vs. The Commissioner) decided on 17/1/2017, to contend that in similar circumstances, the matter has been remanded to the Commissioner for consideration on merit.