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KHATIM REZA
National Highway Authority – Appellant
Versus
Surendra Prasad Sharma – Respondent
ORDER
Heard learned counsel for the appellants as well as learned counsel for the respondents.
2. These two appeals arise out of land acquired through the same notification under Section 3(A) of the National Highway Authority of India Act, 1956. The acquisition of land of village Lodipur was initiated by the State of Bihar on the requisition made by the National Highway Authority of India for widening of NH-83, Patna-Gaya Dobhi Road.
3. M.A. No. 130 of 2022 has been filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘ Arbitration Act’) against the judgment and order dated 20.11.2021 passed by the learned Additional District Judge-III, Civil Court, Gaya in Civil Miscellaneous (Arbitration) Case No. 57/2018/05/2019 challenging the award dated 05.04.2018 passed by the Arbitrator in Arbitration (N.H. 83) Case No. RA 33/2014-15 whereby, the learned Additional District Judge has rejected the Civil Miscellaneous case filed by the National Highway Authority of India (hereinafter referred to as ‘NHAI’).
4. M.A. No. 163 of 2022 has been filed against the judgment and order dated 20.11.2021 passed by the learned Additional District Judge-III, Civil Court,
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
Courts under Sections 34/37 cannot re-appreciate evidence in NHAI arbitration awards; interference limited to perversity or public policy.
Market value for highway land compensation must follow statutory higher of stamp duty rates or average similar land sales using multiple deeds; single dissimilar sale deed use creates patent illegali....
The court affirmed an arbitral award on compensation for land acquisition, stating the determination conformed to relevant statutes, rejecting the appeal for lacking merit.
Narrow scope under Sections 34/37 of Arbitration Act limits interference with NHAI arbitral awards to patent illegality, not re-appreciating evidence or enhancing compensation.
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