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NITIN JAMDAR, S. MANU
National Highways Authority – Appellant
Versus
Reji Philip, S/o. Peter Philip – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
By these appeals, the Appellant – National Highways Authority of India (NHAI) has challenged the common judgment dated 17 May 2016 delivered by the learned Single Judge in W.P.(C) Nos. 29437 & 31306 of 2011 and W.P.(C) No. 27156 of 2012, setting aside the awards passed by the Arbitrator under the provisions of the National Highways Act, 1956 (Act 48 of 1956).
2. W.A. No. 1569 of 2016 is against the judgment delivered in W.P. (C) No. 29437 of 2011, W.A. No. 1574 of 2016 is against the judgment delivered in W.P.(C) No. 31306 of 2011 and W.A. No. 1576 of 2016 is against the judgment delivered in W.P(C) No. 27156 of 2012. The said writ petitions were filed by Respondent No.1/Original Petitioners.
3. The lands owned by the Original Petitioners situated at Vadakkancherry Village in Alathur Taluk were acquired by the Deputy Collector (Competent Authority), Land Acquisition for National Highways, Palakkad – Respondent No.3 in all the appeals, upon the requisition made by the NHAI under the provisions of the Act 48 of 1956 and awards were passed. Aggrieved by the inadequacy of the compensation awarded, the Writ Petitioners have filed applications before the Respon
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....
Arbitration - Appealable orders - extraordinary jurisdiction - High Courts have proceeded on basis that any order passed by an arbitral tribunal during arbitration, would be capable of being challeng....
The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new....
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....
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 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 court ruled that an arbitrator's award may be set aside for procedural deficiencies, but this does not imply automatic remand for further arbitration.
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