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GOPINATH P., SYAM KUMAR V. M.
Jameela W/o Shamsudheen – Appellant
Versus
National Highway Authority Of India-NHAI – Respondent
The appellants are the petitioners in W.P (C) No.4947/2024. That writ petition was filed by the appellants/petitioners praying inter alia that an award of the Arbitrator under Section 3G of the National Highways Act, 1956 (In short 'the NH Act, 1956) should be set aside as certain crucial aspects which were statutorily required to be considered were not so considered by the Arbitrator.
2. It is the case of the learned counsel for the appellants that the acquisition of the portion of the building including the staircase and the lift room has resulted in a situation where the appellants will have to suffer substantial costs for relocating the said facilities which will also result in the usable area of the hotel coming down. It is her case that the damages so suffered by the appellants is also a matter that should have been taken into consideration by the Arbitrator while determining the compensation payable under the provisions of the NH Act, 1956. The appellants also have a case that they have not been paid any interest in terms of the provisions contained in the NH Act, 1956.
3. It is thus that the appellants were before this Court seeking to set aside the award of the Arbitrator a
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....
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 ....
The arbitrator's authority under the National Highways Act is limited to determining compensation, and parties waive their right to object to awards if they do not raise timely challenges.
The National Highways Act, 1956 exclusively empowers the Central Government to appoint an arbitrator for determining compensation disputes, overriding general arbitration provisions.
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.
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