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PARTHA SARTHY
Shanti Kunwar W/o Mahadeo Vishwakarma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel appearing for the NHAI.
The petitioner has filed the instant application for the following reliefs:
(ii) For further direction to the Respondents authority to reconsider the case of the petitioner in the light of the decision taken by the Arbitrator who in a similar situated case for the same project has granted compensation @ commercial value though in a case of the petitioner has rejected the same only on the basis of the report of the concerned officer.
(iii) And for any other relief/reliefs for which the petitioner is found
Once an award is passed, the National Highways Authorities have no right to sit over such award, except approaching the arbitrator in terms of Sub Section 5 of Section 3G of the N.H. Act, 1956.
Once an award is passed under the N.H. Act, 1956, the National Highways Authorities have no right to sit over such award, except to approach the arbitrator as per the Act.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation; no re-appreciation of evidence.
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