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SHEKHAR B. SARAF
National Highways Authority Of India – Appellant
Versus
Rampyari – Respondent
JUDGMENT :
1. This is an appeal filed by the National Highways Authority of India (hereinafter referred to as ‘the appellant’) under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') challenging the order dated January 14, 2020 passed by District and Session Judge, Lalitpur under Section 34 of the Act.
FACTS
2. I have laid down the factual matrix leading to the instant appeal below:
(b) On November 2, 2013, Competent Authority/Special Land Acquisition Officer, Lalitpur granted the compensation in respect of the acquired land at the rate of Rs.9,88,000/- per hectare (Rs.98.8/- per square meter).
(c) The land in question belonged to Smt. Rampyari (respondent No. 1), who filed an application before District Magistrate/Arbitrator under Section 3G (5) of the National Highway Act, 1956 (hereinafter referred to as ‘the Act of 1956’) against the order of compensation passed by the Competent Authority/Special Land Acquisition Offic
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 NH Act awards; no re-appreciation of evidence or modification of compensation.
Narrow scope of judicial interference under S.34/37 Arbitration Act; courts cannot re-appreciate evidence or modify land compensation awards under NH Act.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
Point of Law : If arbitral award is found to be suffering from patent illegality it can surely be interfered with.
Section 3(G) of Act read as determination of amount payable as compensation.
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
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.
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....
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