National Highway Authority of India vs T. Younis

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 663

PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
National Highway Authority of India – Appellant
Versus
T. Younis – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Pinky Anand, Sr. Adv. Mr. Tarun Dua, Adv. Mr. Sumit Gupta, Adv. Ms. Saudamini Sharma, Adv. Mr. Akshay Kumar Tiwari, Adv. Ms. Tanya Shrotriya, Adv. Mr. Venkita Subramoniam T.r, AOR
For the Respondent(s): Mr. Sushil Kumar Jain, Sr. Adv. Mr. Anandakumar A Magadum, Adv. Mr. Darpan Km, Adv. Ms. Amrita Sharma, Adv. Mr. Rajat Jonathan Shaw, Adv. Mr. Ajay Magadum,, Adv. Ms. Easha Chandhok, Adv. Mr. Prashant Upadhyay, Adv. Ms. Mahima Sadawat, Adv. Mr. Sidharth Jain, Adv. Ms. Rashi Bansal, AOR

JUDGMENT :

1. Leave granted.

2. The present appeal arises from the judgment and order dated 22.01.2024, passed by the High Court of Karnataka, Dharwad Bench, (“High Court”) by which the writ petition¹[Writ Petition No. 105176 of 2023 (GM-RES).] preferred by the Respondents was allowed. By the said order, the High Court, set aside the order dated 05.08.2023 passed by the Principal District and Sessions Judge, Bellary, whereby delay in filing the applications under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) was condoned.

3. Facts leading to filing of this appeal are that on 15.12.2009, the Ministry of Shipping, Road Transport and Highways issued a preliminary notification under Section 3A(1) of the National Highways Act, 1956, (‘1956 Act’) for acquisition of land in Bellary District. The said notification included the land belonging to Respondent No.1 as well. By a declaration dated 14.12.2010 issued under Section 3D(2), the land vested in the Central Government free from all encumbrances. The competent authority by an Award dated 05.12.2011, determined the compensation under Section 3G(1) of the 1956 Act.

4. The Appellant invoked the remedy of Arbitration under

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2026 Supreme(SC) 663

PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHENational Highway Authority of India – AppellantVersusT. Younis – Respondent

Cases Referred (4)

PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
National Highway Authority of India – Appellant
Versus
T. Younis – Respondent