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RAKESH MOHAN PANDEY
Satish Agrawal S/o Late Shri Omprakash Agrawal – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1) The petitioner has filed this petition seeking the following relief(s):-
10.2. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ mandamus to issue direction to respondent no.4 to grant the award with interest, entitled by the present petitioner as per the provisions of the National Highways Act, 1956. 10.3. Any other relief, which this Hon’ble Court may deem fit and proper, in the facts and circumstances of the case.”
2) The facts of the present case in brief are that the petitioner moved an application under Section 3(G)(5) of the National Highways Act, 1956 (for short, the Act, 1956) before the Arbitrator/Commissioner, Bilaspur Division and the same was rejected vide order dated 07.12.2021 and the petitioner was advised to approach the Civil Court.
3) Learned counsel for the petitioner would submit that earlier an award was passed pertaining to the land bearing survey Nos. 884 and 891 in favour o
The main legal point established in the judgment is the limitation on the authority's power to remit back the matter under Section 3(G)(5) of the National Highways Act, 1956, and the restrictions on ....
The High Court held that challenges to arbitral awards under the National Highways Act must be pursued through statutory remedies rather than under Article 226, ensuring procedural fairness in proper....
The National Highways Act, 1956 exclusively empowers the Central Government to appoint an arbitrator for determining compensation disputes, overriding general arbitration provisions.
The court clarified that under Section 34 of the Arbitration Act, the scope of review is limited to setting aside awards for patent illegality or public policy violations, not for modification.
The High Court cannot entertain writ petitions challenging arbitral awards after the statutory limitation period has expired, reinforcing the need for adherence to legislative intent in arbitration m....
The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new....
The arbitrator's authority under the National Highways Act is limited to determining compensation, and parties waive their right to object to awards if they do not raise timely challenges.
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