KHODIYAR HARISH KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The short question that arises for consideration in this Writ Petition is whether the application, dtd. 29/11/2022 submitted by the petitioners 1 to 3 to the second respondent requesting for referring the matter for arbitration in terms of sub-Sec. 5 of Sec. 3G of the National Highways Act, 1956 ("the Act, 1956" for brevity) seeking enhancement of compensation against an Award passed by the third respondent in Award No.G/10/2017-Rebbena dtd. 21/11/2019 under Sec. 3G of the Act, 1956 is within the period of limitation of three (3) years or not?

(2.) The facts of the case are that the land belonging to the petitioners 1 to 3 together with structures was acquired for the purpose of National Highway No.363 and an Award dtd. 21/11/2019 was passed by the third respondent fixing the compensation of Rs.2,98,064.00, Rs.5,08,090.00 and Rs.69,608.00 for the petitioners 1 to 3 respectively. Having not been satisfied with the said compensation fixed by the third respondent, the petitioners herein submitted an application before the second respondent on 29/11/2022 requesting for determination of compensation by arbitration under sub-Sec. 5 of Sec. 3G of the Act, 1956. As the said application is not being considered by the second respondent, the petitioners herein approached this Court by filing the present Writ Petition.

(3.) In terms of sub-Sec. 5 of Sec. 3G of the Act, 1956, once an application is made seeking a determination of compensation by arbitration, the respondents are under obligation to refer the same for determination of the compensation under the above said provision. There is no time limit prescribed for making such an application. The application, dtd. 29/11/2022 submitted by the petitioners is neither accepted nor rejected by the second respondent as on date.