Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Ghanashyam Chetry, S/O Lt. Tika Ram Chetry – Appellant
Versus
National Highway Authority Of India Rep. By The Chairman New Delhi – Respondent
| Table of Content |
|---|
| 1. award for compensation based on land acquisition. (Para 2 , 3 , 4) |
| 2. petitioner's claim for higher compensation. (Para 5 , 6 , 7 , 8) |
| 3. nhai and state arguments against compensation. (Para 9 , 10 , 11) |
| 4. court's discernment on arbitral award's modification. (Para 12 , 13 , 14) |
| 5. court orders compensation payment as per the original award. (Para 15) |
| 6. procedural directives for compensation disbursement. (Para 16 , 17 , 18) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr R P Sarmah, learned Senior Counsel, assisted by Ms M Borah, learned counsel appearing for the petitioner. Also heard Ms R Borah, learned Standing Counsel for the NHAI and Mr N Das, learned counsel appearing for the respondent Nos. 2, 3, 4 and 5.
2. The bone of contention in this writ petition is non-payment of a residual part of an arbitral award passed by the Commissioner, North Assam Division, Tezpur, an Arbitrator, NH-4 Lane of Nagaon and Morigaon District on the appeal petition filed by certain persons whose land has been acquired for construction of NH-4-Lane by the National Highway Authorities of India.
3. By the award dated 25.09.2008, in Case No. 4/2008, the learned Arbitrator has recorded as follows:-
“
The arbitral award on land compensation cannot be modified without participation of affected parties, ensuring rights to compensation are upheld as originally awarded.
An appellate court must ensure compensation for land acquisition aligns with statutory provisions while addressing solatium and additional claims, confirming previous awards while modifying based on ....
Compliance with Arbitration Awards is essential for safeguarding property rights under Article 300-A of the Constitution.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
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 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.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
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
