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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
Maillammal – Appellant
Versus
National Highways Authority Of India – Respondent
| Table of Content |
|---|
| 1. facts of land acquisition and compensation awarded. (Para 2) |
| 2. ownership and compensation for acquired land. (Para 3 , 4) |
| 3. maintainability of the writ petition under constitutional provisions. (Para 5 , 6) |
| 4. supreme court rulings regarding property deprivation and jurisdiction. (Para 7 , 9 , 10) |
| 5. application of national highways act and arbitration act. (Para 12 , 14 , 15 , 16 , 18 , 19) |
| 6. writ petition not maintainable; exclusive remedy exists. (Para 21) |
| 7. dismissal of the writ petition with conditions. (Para 22) |
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 petitione
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 ....
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