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MURALI PURUSHOTHAMAN
Ammankovil Narayanan, S/o. Umminiyan – Appellant
Versus
District Collector, Kannur – Respondent
JUDGMENT :
A parcel of land measuring 0.0026 hectares, comprised in resurvey No.84/1A (Old Survey No.84/6) of Kunhimangalam Village, Kannur District, owned by the petitioners, a husband and wife, was acquired by the 2nd respondent, the Competent Authority, for the purpose of widening of National Highway-66. The Competent Authority determined the compensation due to the petitioners under Section 3G(1) of the National Highways Act, 1956 (hereinafter referred to as the 'NH Act' for short) and passed an award on 28.06.2018. Aggrieved by the amount determined by the Competent Authority, the petitioners preferred Ext. P1 application under Section 3G(5) of the NH Act. The said application was dismissed by the 1st respondent, the Arbitrator, by Ext. P2 order dated 17.06.2023 stating that the petitioners have failed to produce the copy of the award, which is mandatory as stipulated in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act' for short). Aggrieved by Ext. P2, the petitioners have preferred this writ petition.
2. It is stated that Ext. P1 application was filed on 01.03.2019 and was posted before the Arbitrator for the first time on 17.12.2022
The High Court cannot entertain writ petitions challenging arbitral awards after the statutory limitation period has expired, reinforcing the need for adherence to legislative intent in arbitration m....
Writ jurisdiction is limited in arbitral matters; statutory framework designates CALA as the representative authority, and absence of NHAI does not invalidate arbitration proceedings under the Nation....
The High Court held that challenges to arbitral awards under the National Highways Act must be pursued through statutory remedies rather than under Article 226, ensuring procedural fairness in proper....
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 ....
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....
Judicial intervention in arbitral awards is restricted, requiring adherence to statutory valuation methods ensuring fair compensation for land acquisition, as per applicable laws.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
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