The petitioners have approached this Court with the following prayer:
“Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to consider the claim for arbitration by the 1st respondent on merits under the provisions of Section 3G of the National Highways Act, 1956, in term of Exts. P2 to P4 within such time as may be fixed by this Hon'ble Court in the interest of justice.”
2. The learned counsel for the petitioners submits that the claim put forth by the petitioners seeking for a reference for arbitration before the first respondent has not been considered and no valid explanation has been given.
3. A counter affidavit has been filed by the first respondent referring to the sequence of events and the position as on date. The relevant portions of the said counter affidavit as contained in paragraphs '4' and '5' are in the following terms:
“......This office has already started considering the application provided that such applications are submitted within three years from the date of payment by the 2nd respondent.
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5. It is submitted that, the arbitration application dated 03.01.2011 of the petitioners and in respect of LAC No.768/2006 was submitted within three years from the date of payment of compensation by the Land Acquisition Officer and hence it can be considered on the basis of the legal opinion and consent letter received from the National Highways Authority of India.”
4. The learned counsel appearing for the respondents submits that the time extent for causing the reference was originally for a period of one year, which stands extended for 'three' years, pursuant to the relevant verdict passed by this Court. It is also submitted that, by virtue of the change in situation, Ext.P4 representation preferred by the petitioners is being considered and that the proceedings are sought to be finalized accordingly. As such, there cannot be any further grievance for the petitioner.
The submission is recorded and the matter is disposed of accordingly.
P.R. RAMACHANDRA MENON, JUDGE.
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