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JOYMALYA BAGCHI, PAMIDIGHANTAM SRI NARASIMHA
Sarjuprasad – Appellant
Versus
National Highways Authority Of India – Respondent
| Table of Content |
|---|
| 1. acquisition and compensation determination process. (Para 4 , 5 , 6) |
| 2. challenges to the arbitral award and appeals. (Para 7 , 8) |
| 3. court's rationale for setting aside enhancements. (Para 9) |
| 4. arguments regarding the introduction of sale deeds. (Para 10 , 11 , 12) |
| 5. order to restore proceedings under section 34. (Para 13 , 14) |
| 6. conclusion and disposition of civil appeals. (Para 15 , 16 , 17) |
ORDER :
1. Delay condoned.
2. Leave granted.
3. These appeals by way of Special Leave Petitions are against the judgment(s) and order(s) of the High Court in Arbitration Appeal Nos. 34, 26, 27 and 37 of 2019 dated 12.08.2022 passed in exercise of jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996.[Hereinafter referred to as the 'Arbitration Act'.]
4. Brief facts necessary for the disposal of these appeals are as follows. The respondents proposed to acquire two properties belonging to the appellant for widening, maintaining, managing and operating a section of NH-7 of the Nagpur-Hyderabad National Highway. To this effect, the respondents issued a notice under Section 3(a) of the NATIONAL HIGHWAYS ACT , 1956[Hereinafter referred to as the 'NH Act'.] on 21.0
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
Judicial intervention in arbitral proceedings is limited; parties must await the final award unless a right of appeal exists, and a liberal approach is adopted for condoning delays in land acquisitio....
The court emphasized a liberal approach to condoning delays in land acquisition cases, allowing petitions despite alternative remedies being available.
Delay in challenging arbitral awards under the Arbitration Act cannot exceed three months plus a permissible thirty days, reinforcing strict adherence to statutory timelines.
Important points:After making an elaborate survey of the rule position that the provisions of the Land Acquisition Act 1894, relating to solatium and interest contained in Section 23(1A) and (2) and ....
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Courts under Sections 34/37 cannot re-appreciate evidence in NHAI arbitration awards; interference limited to perversity or public policy.
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