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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
ADARSH R.C – Appellant
Versus
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge of arbitral order due to expert appointment rejection. (Para 1) |
| 2. court observations emphasize importance of reasoned orders in arbitral decisions. (Para 2 , 3 , 4 , 5 , 6 , 7) |
JUDGMENT :
C. Jayachandran, J.
Ext.P5 is under challenge in this Writ Petition, which is an order passed by the Arbitral Tribunal, constituted under Section 3G (5) of the National Highways Act, 1956 , which rejected the petitioner’s application for appointing an expert under Section 26 of the Act, to assess the injurious affectation of the building, as also, such other matters set out in the interim application.
2. Heard the learned counsel for the petitioner and learned Standing Counsel for the 1st respondent, and the learned Government Pleader for the 2nd respondent.
3. Learned counsel for the petitioner would submit that Ext.P1 is the award passed pursuant to the acquisition made in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘2013 Act’). Ext.P2 is an application preferred by the petitioner for redetermination of the compensation award before the Arbitrator/2nd respondent. Ext.P3 is the subject a
A non-speaking order by an arbitral tribunal violates natural justice principles and must be reasoned to uphold fairness in proceedings.
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....
Arbitrator can act as an expert or a member of the expert committee provided for in Section 26(1) of the Act as well, the provisions in sub-section (2) of Section 26 cannot be complied with.
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....
Provisions of Section 26 of Arbitration and Conciliation Act, 1996 deal with appointment of an expert by Arbitrator for purposes of making a report to it on specific issues to be determined by arbitr....
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 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....
The court affirmed that an arbitrator's authority under the Arbitration Act extends beyond procedural matters, allowing them to draw on their expertise without breaching natural justice.
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