Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
National Highways Authority of India – Appellant
Versus
Nihar Ranjan Sahu – Respondent
| Table of Content |
|---|
| 1. writ petitions involve common questions of law. (Para 1 , 2 , 3) |
| 2. arguments on the legality of the arbitration and parties' representation. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court identifies issues for determination. (Para 9 , 10 , 11 , 12) |
| 4. scope of writ jurisdiction over arbitral awards. (Para 13 , 14 , 15 , 16) |
| 5. legislative framework for land acquisition and compensation process. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. role of competent authority in arbitration proceedings. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. court reluctance to intervene absent extraordinary circumstances. (Para 33) |
| 8. dismissal of writ petitions on grounds of proper statutory adherence. (Para 34 , 35 , 36) |
JUDGMENT :
S.K.PANIGRAHI, J.
1. Since both the Writ Petitions involve a common question of law and substantially similar facts, they are being heard and considered together. However, this Court feels it appropriate to treat W.P.(C) No.27589 of 2024 as the leading case for proper adjudication of both the matters.
2. W.P.(C) No.27589 of 2024has been preferred by the Petitioner challenging the legality and validity of Arbitration Award passed in Misc. (Arbitration) Case No.03/2019, N
Writ jurisdiction is limited in arbitral matters; statutory framework designates CALA as the representative authority, and absence of NHAI does not invalidate arbitration proceedings under the Nation....
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
Judicial intervention in arbitral awards is restricted, requiring adherence to statutory valuation methods ensuring fair compensation for land acquisition, as per applicable laws.
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
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....
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....
Compensation for land acquisition excludes Electrical Installation and Public Health costs as they are not recognized under relevant statutes.
Court held that an arbitrator cannot remand matters back to competent authority after initial determination, affirming the arbitrary powers under Section 3G(5) of NHAI Act and the doctrine of acquies....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
