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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Sumanbai Shantaram Bachchav – Appellant
Versus
Arbitrator and Additional Commissioner National Highway Authority of India – Respondent
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This is a bunch of thirty Petitions filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) that challenge a judgement dated May 4, 2023 (“Impugned Judgement”) passed by the Learned District Court, Nashik. This judgement would dispose of all these Petitions, each of which relates to land acquisition for the same National Highway project.
2. The land parcels acquired in these cases are situated in Mouje Wake and Saundane, Taluka Malegaon, District Nashik. They were notified for compulsory acquisition for purposes of four-laning the National Highway No.3. The compensation declared by the Competent Authority in 2008 (collectively, the “Original Award”) was in the range of Rs. 95 to Rs. 154 per square metre. Since there are multiple matters, to avoid any conflict of dates, no dates are being attributed to instruments prior to the common Impugned Judgement.
3. The Petitioners were aggrieved by the computation of compensation. They believed that the compensation as computed did not factor in the true value discernible from actual transactions that took place in the region and that it wrong
The court ruled that the Section 34 Court lacks jurisdiction to modify an arbitral award to grant a statutory entitlement, such as solatium, when it was not part of the original frame of reference.
The court upheld the discretion under Section 34(4) of the Arbitration and Conciliation Act to remit matters to the Arbitrator for addressing gaps in the award, particularly regarding solatium.
The court affirmed the discretion under Section 34(4) of the Arbitration and Conciliation Act to remit matters to the Arbitrator for reconsideration of solatium, following the Supreme Court's ruling ....
Acquisition of Land - Arbitrator granted enhancement of compensation - Arbitrator while rendering Award correctly took into consideration entire material on record, while determining rate at which co....
Landowners are entitled to solatium and interest under the Land Acquisition Act, as confirmed by the Supreme Court, despite pending arbitration cases.
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The court affirmed the necessity of a judicial approach in determining compensation for land acquisition, allowing for modification of arbitral awards under Section 34 of the Arbitration and Concilia....
The principle of patent illegality in arbitral awards requires that all critical issues raised by the parties must be addressed, and failure to do so can lead to the award being set aside. Additional....
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 ....
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