COMMON ORDER

These Writ Petitions have been filed seeking a direction to the first respondent to consider the petitioners' claim petition filed under Section 3G (5) of the National Highways Act, seeking enhancement of compensation determined by the second respondent in respect of the lands of the petitioners acquired for extension of National Highways.

2. It is not in dispute, the lands of the petitioners were acquired for extension of National Highways and the second respondent passed an award quantifying the compensation payable to the petitioners. Not satisfied with the quantum of compensation fixed by the second respondent, all the petitioners filed a claim petition on 19.10.2020 under Section 3G (5) of the National Highways Act before the first respondent and the same has not been considered. Therefore, the petitioners are before this Court.

3. The Writ Petitions were opposed mainly by the respondents on the ground that the award was passed as early as 2011 and the claim petition was filed on 19.10.2020 well beyond the period of three years. It is the case of the respondents that though there is no time limit to file a claim petition under the National Highways Act, by virtue of Article 137 of the Limitation Act, time limit shall be taken as three years.

4. The learned counsel for the petitioners by relying on the order passed by this Court in W.A.Nos.308 to 312 of 2016 submitted that the Division Bench of this Court held that Article 137 of the Limitation Act is not applicable to the application filed under Section 3G (5) of the National Highways Act, 1956. Therefore, there may not be impediment for the first respondent to consider the representation.

5. The learned Special Government Pleader appearing for the respondents 1 & 2 would submit that against the order passed by the Division Bench of this Court in W.A.Nos.308 to 312 of 2016, the National Highways Authority of India preferred SLP before the Hon'ble Supreme Court in SLP (Civil) Diary No (s).36319 of 2018.

6. It is also stated that the Hon'ble Supreme Court has stayed the order passed by the Division Bench of this Court in above mentioned Writ Appeals.

7. The first respondent in his counter affidavit stated that the claim petition filed by the petitioners will be considered and appropriate orders will be passed, in accordance with law, subject to the outcome of judgment to be passed by the Hon'ble Apex Court in SLP (Civil) Diary No(s).36319 of 2018. The relevant averment in the counter affidavit filed before this Court reads as follows:

“10. It is submitted that as per the Hon'ble High Court of Madras and as per the instructions of National Highways Authority of India, appeal petitions will be considered and pass appropriate orders in accordance with law in respect of applications filed by the Writ Petitioners subject to outcome of judgment passed by the Hon'ble Supreme Court of India in SLP (Civil) Diary No (s).36319 of 2018.”

8. In view of the same, without going into the merits of the claim made by either parties, this Court is inclined to issue a direction to the first respondent to consider the claim petition filed by the petitioners dated 19.10.2020 and pass final orders, on its own merits, in accordance with law, as expeditiously as possible, preferably within a period of one year from the date of receipt of copy of this order. It is also made clear the final orders to be passed by the first respondent is subject to out come of SLP referred above.

9. With the above directions, these Writ Petitions are disposed of.

No costs.

10.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To

1.The District Collector /Sole Arbitrator Thiruvallur District Collectorate Complex Tiruvallur 602 001.

2.The Competent Authority &

Special District Revenue Officer – Land Acquisition National Highways 205 Thiruvallur.

S .SOUNTHAR , J .

dna W .P.Nos. 14850, 14851, 14853, 10.09.2024