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TMI Blog2024 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... Acg.C.J. There are two questions to be decided in this matter. One is in regard to the application of limitation for arbitration under the National Highway Act. The second question is whether the writ petition is maintainable, challenging a decision of the Arbitrator under the National Highway Act, 1956, in a petition filed under Article 226 of the Constitution of India. 2. The facts in this ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this case that a Division Bench of this Court has set aside the judgment of this Court in W.P.(C)No.21796/2019 in writ appeal No.1364/2020. 4. On the ground of limitation, for clarity, we refer to the relevant statutory provision. Under Section 3G (5) of the National Highway Act, it is stipulated as follows: "Section 3G(5) If the amount determined by the competent authority under sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Part -I of Arbitration and Conciliation Act, reads as follows: "This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except insofar as the provisions of this Part are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict Collector, is by invoking the provisions under Section 34 of the Arbitration and Conciliation Act. Thus it is clear that the writ petition is not maintainable against the decision of the Arbitrator, who happens to be a District Collector. Thus, holding that the writ petition is not maintainable, we set aside the impugned judgment and allow this writ appeal. X X X X Extracts X X X X X X X X Extracts X X X X
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