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ORISSA HIGH COURT
S. K. Panigrahi, J.
National Highways Authority of India v. Nihar Ranjan Sahu
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, NH - 6 dated 26.12.2023 u/s 3 - G(5) of the NH Act, 1956 passed by the Collector and Arbitrator, Keonjhar which directed the Tahasildar - Cum - CALA, NH - 6, Patna now LAO and CA, NH - 6, Keonjhar to recalculate the land acquisition compensation @ Rs.60,00,000/- per acre towards acquisition of Ac 1.17 dec of land pertaining to Plot No.289,290,297,299, 316, 287/528, 298/530, 311, 312, Khata No. 38/5, Kisam - Taila - I, Village Dumuriguda and to pay the differential compensation along with interest @ 9% over the said amount u/s 3 - H(5) of the NH Act, 1956.
I. FACTUAL MATRIX OF THE CASE:
3. The facts giving rise to the present Petition can be pithily summarised as under:
a. The present Petitioner is a statutory bod
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.
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