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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Prem Sukh Bothra (HUF) – Appellant
Versus
Office of the Competent Authority – Respondent
| Table of Content |
|---|
| 1. writ petitions for independent arbitrator appointment. (Para 1) |
| 2. contentions regarding current arbitrator's appointment. (Para 2 , 3 , 4) |
| 3. arguments for and against arbitrator's impartiality. (Para 5 , 6 , 8 , 10) |
| 4. preference for district magistrate as arbitrator. (Para 7) |
| 5. court's analysis of the appointment process. (Para 9 , 11 , 13 , 14 , 15 , 16 , 17) |
| 6. procedural correctness in arbitrator's appointment. (Para 18 , 19 , 20 , 21) |
| 7. dismissal of writ petitions based on established precedents. (Para 22) |
| 8. court's final declarations and directions. (Para 23 , 24) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.32195/2020 in W.P.(C) 9361/2018 (for vacation or fixing the matter for final hearing by R-3)
C.M.No.32194/2020 in W.P.(C) 9417/2018 (for vacation or fixing the matter for final hearing by R-3)
Keeping in view the averments in the applications and with consent of parties, the matters are taken up for hearing.
Accordingly, the applications stand disposed of.
CM APPL. 32621/2019 in WP(C) 9372/2018 (by R-3)
Keeping in view the averments in the application, the delay in filing the reply to CM No. 12611/2019 is condoned.
Accordingly, the application stands disposed of.
W
The appointment of an arbitrator under the National Highways Act by a constitutional authority does not invoke inherent bias, affirming the independence of the arbitration process and the efficacy of....
The main legal point established in the judgment is the validity of the appointment of the District Magistrate/Deputy Commissioner as the Arbitrator under Section 3G(5) of the National Highways Act, ....
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 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 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 National Highways Act, 1956 exclusively empowers the Central Government to appoint an arbitrator for determining compensation disputes, overriding general arbitration provisions.
Section 29A of Arbitration Act inapplicable to arbitrations under Section 3G(5) of National Highways Act as special code; Central Government exclusive appointment overrides court extension/substituti....
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