MADURAI: Holding that there is no time-limit for appealing before arbitrator under National Highways Act, 1956, the Madurai Bench of Madras High Court set aside an order passed by Thanjavur district collector rejecting the arbitration application of a man on the ground that it was filed after the prescribed period. The petitioner J Krishnappa's land, measuring 2450 square metre, in Thiruvidaimaruthur taluk in Thanjavur was acquired by the Special District Revenue Officer (Land Acquisition) for laying National Highways 45C from Vikkiravandi to Thanjavur, via Kumbakonam in 2016.
Since Krishnappa felt that the compensation determined by the official was far below the market value, he filed an appeal before the collector (arbitrator) on July 23, 2018 under Section 3G(5) of the National Highways Act, 1956. But the appeal was rejected by the collector in November 2019 on the ground that the same was filed beyond the prescribed limitation period. Challenging the rejection, Krishnappa filed the case. Justice SS Sundar, who heard the case, observed that the National Highways Act does not prescribe any limitation period. "When an order of Land Acquisition Officer fixing compensation is challenged before Arbitrator under National Highways Act, 1956, the application cannot be dismissed on the ground that the reference is barred by limitation," he held.
Moreover, even if the Limitation Act, 1963, is applied in the case, the petitioner has preferred the appeal within time, the judge pointed out and set aside the rejection order passed by the collector. He directed the collector to consider and take final decision on the petitioner's appeal within six weeks.