IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

W.P.No.16101 of 2019

Chandraiah Chetty,

S/o.Chinnasamy Chetty

...Petitioner

Vs.

1. The District Collector,

Tiruvallur District,

Tiruvallur-602 001.

2. The Special District Revenue

Officer (L.A.),

National Highways Scheme-205-

Tiruvallur, Periyakuppam,

Tiruvallur District.

3. The Project Director,

National Highways Authority of

India, Chennai-32.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Mandamus directing

the 1^st Respondent to dispose the Arbitration petition dated

22.09.2016 filed by the petitioner under Sec.3-G(5) of the

National Highways Act, 1956 for enhanced compensation to the

acquired land of the petitioner in Survey No.231/2E2B to a total

extent of 1438 sq.mts. situated at No.41, Panapakkam Village,

Tirutani Taluk, Tiruvallur District within the time stipulated

by this Hon'ble Court.

For Petitioner : Mr.P.S.Kothandaraman

For Respondents : Mr.Yogesh Kannadasan,

Government Advocate for R1 & R2

Mr.Su.Srinivasan for R3

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O R D E R

(The case has been heard through video conference)

The Writ Petition has been filed seeking a direction

directing the 1^st respondent to consider the petitioner's

application filed under Sec.3-G(5) of National Highways Act

before the 2^nd

respondent seeking for enhancement of

compensation.

2. According to the petitioner, the petitioner's land was

acquired by the respondents for National Highways Scheme-205 and

subsequently, an award came to be passed on 24.08.2011.

Thereafter, the petitioner has filed an application under Sec.3-

G(5) of National Highways Act on 22.09.2016 for enhancement of

compensation. But, so far, that application was not considered

and no order has been passed on it. Hence, the present writ

petition has been filed by the petitioner.

3. Earlier, notice ordered to the respondents. Today, when

the matter taken up for hearing, Mr. Su.Srinivasan, learned

counsel appearing for 3^rd respondent National Highways Authority

would submit that, admittedly, the award was passed on

24.08.2011 and the petitioner has submitted his application on

22.09.2016. He would submit that, under Art.137 of Limitation

Act, the application ought to have been filed within a period of

three years. Since the application has been filed beyond that

period, the 2^nd respondent cannot entertain the application as it

is barred by limitation. The learned counsel has also fairly

submitted that, earlier, the Division Bench of this Court in

W.A.No.308 to 312 of 2016 vide order dated 25.04.2018 has held

that, the provisions of Art.137 of Limitation Act, is not

applicable to the arbitration proceedings under Section 3-G(5)

of National Highways Act. However, the above said judgment has

been stayed by Hon'ble Supreme Court in S.L.P. (C) Diary

No.36319 of 2018 dated 19.11.2018 and the said S.L.P. is still

pending. In the said circumstances, unless Hon'ble Supreme Court

decides the issue, the 1^st respondent District Collector cannot

consider the petitioner's application.

4. I have considered rival submissions made by learned

counsel appearing for petitioner, learned Government Advocate

appearing for respondents 1 and 2 and also learned counsel

appearing for 3^rd respondent and perused the records.

5. Considering the fact that, the question of limitation for

filing arbitration proceedings under Section 3-G (5) of National

Highways Act is now pending with Hon'ble Supreme Court, this

Writ Petition is disposed of with a direction to the 1^st

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respondent District Collector to consider the petitioner's

application subject