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HIGH COURT OF MADRAS
Honourable Mr Justice P. VELMURUGAN
Indumathi – Appellant
Versus
The District Collector cum Arbitrator – Respondent
Limitation - Writ Petition - National Highways Act - Section 3G(5), Limitation Act - Article 137 - The court ruled that applications under Section 3G(5) of the National Highways Act are not subject to Article 137 of the Limitation Act, allowing the petitioner to reapply for compensation.
Fact of the Case:
The petitioner sought a writ to challenge the rejection of their compensation claim related to land acquisition for highway expansion, which was denied on limitation grounds despite no specific time limit in the National Highways Act.
Finding of the Court:
The court found that previous rulings established that the Limitation Act's Article 137 does not apply to Section 3G(5) applications, thus ordering reconsideration of the petitioner’s claim on its merits rather than on technical limitations.
Issues: Whether the rejection of the claim petition under Section 3G(5) of the National Highways Act, based on Article 137 of the Limitation Act, was legally justified.
Ratio Decidendi: The court reiterated that Article 137 of the Limitation Act is not applicable to applications made under Section 3G(5) of the National Highways Act, thus allowing claims to be evaluated on their substantive merits.
Final Decision: The impugned order is set aside, and the matter is remitted for reconsideration on merits.
ORDER
This Writ Petition is filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in relation to the impugned proceedings in Na.Ka.7201/2010/Arbitration dated 26.10.2018, quash the same and further direct the 1st respondent to hear the claim petitions preferred by the petitioner.
2. The learned counsel for the petitioner submitted that the petitioner's land was acquired by the 2nd respondent for the purpose of expansion of NH-7 & 47 and the Award was passed on 31.08.2007. Thereafter, the petitioner invoked Section 3G (5) of the National Highways Act, before the District Collector/Arbitrator on 06.08.2018 for enhanced compensation and the District Collector/Arbitrator namely the 1st respondent herein, passed the impugned order dated 26.10.2018 rejecting the claim of the petitioner stating that the application under Section 3G(5)
of the National Highwys Act has not been filed withint a period of three years from the date of Award as per Article 137 of the Limitation Act. He has further stated that the National Highways Act, 1956 has not prescribed any time limit for filing the application and therefore, he invoked Article 137 of the Limitation Act and rejected his claim on the ground of Limitation.
3. It is settled proposition of law that time and again this Court and the Hon'ble Supreme Court have already held that Article 137 of the Limitation Act would not applicable for the applications made under Section 3G(5) of the National Highways Act. Therefore, the impugned order passed by the 1st respondent is set aside. The matter is remitted back to the 1st respondent to consider the application filed by the petitioner under Section 3G(5) of the National Higways Act on merits and not on the technical ground of limitation.
4. With the above directions, this Writ Petition is disposed of.
No costs.
06.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 To
1. The District Collector cum Arbitrator Namakkal District
2. The Competent Authority (NHAI)/District Revenue Officer NH-7 & 47 Namakkal District P.VELMURUGAN. J.
Ksa-2
06.03.2024
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