Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N. RAY
National Highways Authority Of India – Appellant
Versus
Maru Naranbhai Bhojabhai – Respondent
ORDER :
SUNITA AGARWAL, CJ.
1. These appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “the Act’ 1996”) are directed against the orders dated 08.04.2024 passed by the Court on the applications under Section 34 of the Act’ 1996, whereby while setting aside the arbitral award dated 09.07.2020 passed by the Arbitrator under Section 3G(5) enhanced amount of compensation for acquisition of the lands of the private respondents herein has been awarded. It was a statutory arbitration where the learned Arbitrator was appointed by the Central Government under Section 3G(5) of the National Highways Act for redetermination of the compensation payable for acquisition of lands under the provisions of the National Highways Act, where landholders have invoked arbitration under Section 3G(5).
2. It is demonstrated before us by the learned counsel for the appellant NHAI that the Civil Court has gone to the extent of reappreciation of evidence in returning a finding of fact on the evidence such as exemplar sale deeds submitted by the applicant / landholders before the arbitrator on the premise that they were ignored by the arbitrator in the proceedings under Section 3G(5
The court affirmed that under Section 34, a Civil Court lacks jurisdiction to reappraise evidence in arbitral awards and may only modify awards for clear errors, not on merits.
Under Section 34 of the Arbitration and Conciliation Act, 1996, a court cannot modify an arbitral award through reappraisal of evidence or merits; it is restricted to grounds explicitly stated in the....
Judicial review of an arbitral award under Section 34 is limited to specific grounds without reappraising evidence; the Court cannot modify awards based on merits.
The Court can partially set aside an arbitral Award and has limited scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996. The Court cannot modify an Award but can set ....
Point of Law : Once the time-limit or extended time-limit for challenging the arbitral award expires, the period for enforcing the award under Section 36 of the Arbitration Act commences.
![A. Ismail Sait VS Competent Authority Land Acquisition and Special District Revenue Officer National Highways [NH-45] Villupuram District - 2024 Supreme(Mad) 2156](https://supremetoday-s3.b-cdn.net/Madras_2.png)
The court affirmed the necessity of a judicial approach in determining compensation for land acquisition, allowing for modification of arbitral awards under Section 34 of the Arbitration and Concilia....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
