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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, MADHU JAIN
Kaaya Buildtech Private Ltd – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. seeking enhanced compensation requires arbitration. (Para 2 , 3 , 4) |
| 2. petitioner claims right to arbitration under nh act. (Para 5 , 6) |
| 3. nh act's arbitration mechanism outlined. (Para 8 , 9) |
| 4. specific legislation excludes general arbitration provisions. (Para 10 , 11) |
| 5. court mandates referral to arbitration within 30 days. (Para 12 , 14 , 16) |
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to refer the dispute regarding the enhancement of compensation awarded to the Petitioner under Award Nos. 02/2022/SW, 4/2022/SW and 7/2020/SW to arbitration under Section 3G(5) of the National Highways Act, 1956
3. A large passage of land was acquired under the National Highway Act, 1956 between the year 2020 and 2022 for development of National Highway being NH 334(M) and NH 334(N) in South West District, Delhi. The compensation was assessed and the same was paid to the Petitioner. However, the Petitioner was not satisfied with the compensation and on the ground
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....
Arbitration - Appealable orders - extraordinary jurisdiction - High Courts have proceeded on basis that any order passed by an arbitral tribunal during arbitration, would be capable of being challeng....
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 main legal point established in the judgment is that the High Court should not entertain writ petitions when an equally efficacious alternative remedy is available, and the appropriate court for ....
The main legal point established is that objections challenging an award under the National Highways Act, 1956 are maintainable under Section 34 of the Arbitration and Conciliation Act, 1996, and inc....
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 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 ....
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