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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
| Table of Content |
|---|
| 1. case involves land acquisition and compensation claims. (Para 1 , 2 , 3) |
| 2. appellant contends errors in lower court's awards. (Para 6 , 7) |
| 3. analysis of appeal scope under section 37 of the act. (Para 9 , 10 , 11 , 12 , 13) |
| 4. sale deed considerations in compensation assessment. (Para 14 , 15 , 17 , 19) |
| 5. court's ruling on interest and market value regulations. (Para 22 , 26 , 27) |
| 6. court's final ruling and allowance of appeal terms. (Para 28) |
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 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....
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....
Narrow scope under Sections 34/37 of Arbitration Act limits interference with NHAI arbitral awards to patent illegality, not re-appreciating evidence or enhancing compensation.
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 ....
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
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....
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NH Act awards; no re-appreciation of evidence or modification of compensation.
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