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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
Maillammal – Appellant
Versus
National Highways Authority Of India – Respondent
ORDER :
P.T. ASHA, J.
The Writ petition has been filed challenging the Arbitral Award passed by the 2nd respondent herein who is the Statutory Arbitrator under the NATIONAL HIGHWAYS ACT .
2. The facts are briefly set out herein below:-
3. The petitioner is the owner of an extent of 5080 sq.mt. in S.No.540/1B in Karagathahalli Village, Palacode Taluk, Dharamapuri District. The 1st respondent/National Highways Authority had acquired the said extent of land for the purpose of laying N.H-844-Hosur-Rayakottai-Dharmapuri Section-4 lane.
4. Ultimately, the 3rd respondent had awarded a compensation of a sum of Rs.1,29,49,753/- for the acquisition of the petitioner's land. Dissatisfied with the said compensation, the petitioner had preferred an Arbitration Petition under Section 3-G(5) of the NATIONAL HIGHWAYS ACT before the 2nd respondent. The 2nd respondent vide his order dated 11.03.2023 had enhanced the compensation from a sum of Rs.1,29,49,753/- to a sum of Rs.1,97,27,713.75/-. Challenging this order, the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India has been invoked.
5. When the matter had come up for admission this Court had raised the issue of 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....
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 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 emphasized a liberal approach to condoning delays in land acquisition cases, allowing petitions despite alternative remedies being available.
Judicial intervention in arbitral proceedings is limited; parties must await the final award unless a right of appeal exists, and a liberal approach is adopted for condoning delays in land acquisitio....
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
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