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SATYEN VAIDYA
Ram Lal – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT :
Satyen Vaidya, J.
All these Arbitration Appeals No. 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 of 2023 were heard and are being decided together as these arise from a common judgment passed by learned District Judge, Mandi. Additionally common questions of facts and law are also involved in all these appeals. The chronology and details of the matters included here are as under:-
| Sr. No. | Arbitration Appeal Number | Title | Particulars of the petition before the District Judge, Mandi. | Particulars of the case before the Arbitrator. |
| 1. | 2 of 2023 | Ram Lal vs. NHAI & Anr. | Arb. Pet. No. 18 of 2022. | Arb. Case No. 708 of 2015. |
| 2. | 3 of 2023 | Fulla Devi vs. NHAI & Anr. | Arb. Pet. No. 19 of 2022. | Arb. Case No. 712 of 2015. |
| 3. | 4 of 2023 | Amar Chand vs. NHAI & Anr. | Arb. Pet. No. 15 of 2022. | Arb. Case No. 711 of 2015. |
| 4. | 5 of 2023 | Sunder Lal vs. NHAI & Anr. | Arb. Pet. No. 9 of 2022 | Arb. Case No. 710 of 2015. |
| 5. | 6 of 2023 | Kamal Kumar vs. NHAI & Anr. | Arb. Pet. No. 16 of 2022. | Arb. Case No. 709 of 2015. |
| 6. | 7 of 2023 | |||
Point of Law : If arbitral award is found to be suffering from patent illegality it can surely be interfered with.
In highway acquisitions under NH Act, small sale deeds usable for large tracts with deduction (no development charges needed); adjacent similar lands comparable; no 12% interest under LAA 23(1-A) per....
Judicial interference under Arbitration Act Sections 34/37 limited to patent illegality, public policy violation, or natural justice breach; no evidence reappreciation; challenger's failure to timely....
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
The potential value of land, particularly its location and possible future use, is a critical factor in determining compensation for land acquisition, and arbitrators have the discretion to enhance c....
The appeal emphasized the narrow scope of intervention under arbitration law, confirming reliance on smaller land sale deeds for larger valuations with required adjustments, and clarified interest aw....
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