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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ROMESH VERMA
National Highway Authority of India – Appellant
Versus
Kaushalya Devi (Deceased) through her LRs. – Respondent
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for brevity, “Act of 1996”) arises out of the judgment dated 4.9.2023, as passed by the learned District Judge, Bilaspur, H.P. in Arbitration Petition No. 56/2018, whereby application filed by the appellant/National Highway Authority of India, under Section 34 of the Act of 1996 was dismissed and the award as passed by the Arbitrator was upheld and the respondent/land owner was also held entitled to get 12% interest per annum on the enhanced amount of the market value of the land from the date of the publication of notification under Section 3 -A of the National Highways Act, 1956 (for brevity, “Act of 1956”) till the award of the competent authority or till the date of taking possession of the land whichever is earlier, over and apart of 30% solatium and 9% interest per annum awarded by the Arbitrator.
2. Brief facts of the case are that the land of the respondent was acquired by the appellant in Mohal Palthin, Tehsil Ghumarwin for the expansion of National Highway No.21 (four-laning). Notification under Section 3A(1) of the Act of 1956 was published in the official gaz
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....
Point of Law : Acquisition of Land – Compensation -None of them is applicable in the facts of the present case since those judgments have been referred under Indian Stamp Act whereas present case is ....
Acquisition of Land - Arbitrator granted enhancement of compensation - Arbitrator while rendering Award correctly took into consideration entire material on record, while determining rate at which co....
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
Important points:After making an elaborate survey of the rule position that the provisions of the Land Acquisition Act 1894, relating to solatium and interest contained in Section 23(1A) and (2) and ....
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....
The court affirmed that arbitral awards should not be interfered with unless they are patently illegal or arbitrary, emphasizing the limited scope of judicial review under the Arbitration Act.
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