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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Green Retreat and Motels Pvt. Ltd. - Appellant
Versus
Union of India - Respondent
W.P. (C) 1140 of 2021
Decided On : 29-01-2021
| Table of Content |
|---|
| 1. seeking directions for arbitration. (Para 1) |
| 2. notice accepted by advocates. (Para 2 , 3) |
| 3. arbitration proceedings ordered. (Para 4) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 3221/2021
Allowed, subject to just exceptions.
W.P. (C) 1140/2021
1. Present writ petition has been filed seeking a direction to respondents to enter reference and commence arbitration proceedings under Section 3G(5) of the National Highways Act, 1956 for the purpose of determination and enhancement of compensation arising out of Award No. 01/2018/NHAI dated 06th December, 2018 passed by the Respondent No. 4.
2. Issue notice.
3. Ms. Kaadambari, Advocate accepts notice on behalf of respondent no. 2. Ms. Jyoti Tyagi, Advocate accepts notice on behalf of respondent nos. 3 and 4.
4. Keeping in view the limited prayer sought in the present writ petition, the same is disposed of with a direction to respondent no. 3 to enter upon reference and commence arbitration proceedings within six weeks.
The court directed the initiation of arbitration proceedings under the National Highways Act for determining compensation, emphasizing the necessity to follow stipulated procedures.
Mandamus issued directing arbitration reference under Section 3G(5) of National Highways Act for land acquisition compensation enhancement.
The main legal point established is that the impugned order under the National Highways Act, 1956 can only be challenged under Section 34 of the Arbitration and Conciliation Act, 1996, and the petiti....
The court mandated a timely response to the petitioner's request for compensation assessment under the National Highways Act, 1956.
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