ORDER :

The short question that arises for consideration in this Writ Petition is whether the application, dated 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-Section 5 of Section 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 dated 21.11.2019 under Section 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 dated 21.11.2019 was passed by the third respondent fixing the compensation of Rs.2,98,064/-, Rs.5,08,090/- and Rs.69,608/- 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-Section 5 of Section 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-Section 5 of Section 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, dated 29.11.2022 submitted by the petitioners is neither accepted nor rejected by the second respondent as on date.

4. Mr. Alladi Ravinder, learned Standing Counsel appearing for the fourth respondent, contended that the application submitted by the petitioners cannot be considered by the second respondent as the same was submitted beyond the period of three years and in terms of the clarification issued by the Government of India in F.No.NH-11011/25/2022-LA, dated 28.03.2022, the limitation period for seeking reference under sub-Section 5 of Section 3G of the Act, 1956 is three (3) years from the date of Award and in the instant case, the application that was submitted by the petitioner is after expiry of the said limitation period of three years. The said clarification, dated 28.03.2022 reads as under:-

“The issue has been examined in the Ministry and it is hereby clarified that limitation provided under Article 137 of the Limitation Act, 1963 would be applicable in the matter of filing an arbitration Petition/Application invoking the arbitration, which is Three (3) years from the date of cause of action (the date of award by CALA in regard to land acquisition under the NH Act, 1956). This is in accordance with the statutory provisions in NH Act, 1956 and Arbitration and Reconciliation Act, 1996.”

5. As already noted above, the Award was passed by the third respondent on 21.11.2019 and the application seeking determination of compensation submitted by the petitioners on 29.11.2022 i.e. 9 days after lapse of 3 years period. Whether the clarification dated 28.03.2022 issued by the Government of India fixing the limitation of 3 years’ period, in the absence of any such limitation prescribed under the Act, 1956 is valid or not is also a matter required to be considered, but in the instant case, the same need not be gone into for the following reasons and the matter is considered assuming that the said clarification is valid.

6. This Court, having taken note of the objection taken by Mr. Alladi Ravinder, learned Standing Counsel, opined that in the light of the order passed by the Hon’ble Apex Court in the case of In Re: Cognizance for Extension of Limitation in Miscellaneous Application No.665 of 2021 in SMW(C) No.3 of 2020, 2021 SCC Online SC 947, the application