Back
MANISH CHOUDHURY
Dilip Kumar Jallan And Anr S/o Late Pushraj Jallan – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Heard Mr. A.K. Rai, learned counsel for the petitioners; Ms. R. Bora, learned counsel representing the Ministry of Road Transport and Highways [MoRTH], Government of India [GoI] & the National Highways and Infrastructure Development Corporation Limited [NHIDCL] for the respondent nos. 1, 2 & 3; and Mr. P. Nayak, learned Standing Counsel, General Administration Department [GAD] for the respondent nos. 4 & 5.
2. As the issue involved in these 3 [three] writ petitions is same and the contesting parties are also same, all the 3 [three] writ petitions are taken up for disposal at the motion stage itself, at the request of the learned counsel for the parties considering the nature of the issue involved.
3. For the purpose of rehabilitation and upgradation of Dergaon Town Section of National Highway no. 37 from KM 426.800 to KM 437.400 to 4-Lane in the State of Assam on Engineering, Procurement and Construction [EPC] basis, a land acquisition process on permanent basis was initiated by the Ministry of Road Transport and Highways [MoRTH], Government of India [GoI] under the provisions of the National Highways Act, 1956. The process was initiated with a number of Notifications includi
The Central Government has the exclusive power to appoint an arbitrator under Section 3G[5] of the National Highways Act, and failure to do so within a reasonable time can be remedied through a writ ....
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
Section 3(G) of Act read as determination of amount payable as compensation.
Arbitrator under Section 3G(5) of National Highways Act lacks power to remand compensation disputes to competent authority; must determine amount independently.
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 District Collector exceeded jurisdiction by directing redetermination of compensation under the National Highways Act, as awards were already made prior to the 2013 Act's applicability.
The main legal point established in the judgment is the importance of following statutory procedures and respecting the orders of the constitutional courts in land acquisition matters under the Natio....
The National Highways Act, 1956 exclusively empowers the Central Government to appoint an arbitrator for determining compensation disputes, overriding general arbitration provisions.
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
