AI Overview...
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Advocate Commissioner Appointment - An Advocate Commissioner can be appointed under Section 3G(5) of the National Highways Act for property inspection and valuation related to land acquisition and arbitration proceedings. However, such appointment is subject to specific provisions and cannot be invoked arbitrarily Punarnava Ayurveda Hospital Pvt Ltd VS Arbitrator For NH 66 & District Collector - Kerala, National Highway Authority of India VS Jabeena Beevi W/o E. Nahas - Kerala, AIMUTTY AND OTHERS Vs SPECIAL DEPUTY COLLECTOR AND ANOTHER - Kerala.
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Legal Provisions Governing Proceedings - Sections 3A, 3G(5), 26, 27 of the National Highways Act, along with Sections 18, 34, 37 of the Arbitration and Conciliation Act, 1996, govern arbitration related to highway projects and land acquisition disputes. These provisions facilitate arbitration, including appointment of Commissioners for property inspection and valuation Punarnava Ayurveda Hospital Pvt Ltd VS Arbitrator For NH 66 & District Collector - Kerala, National Highway Authority of India VS Sanjib Saikia - Gauhati, Prabhat Thakur VS Collector Land Acquisition - Himachal Pradesh.
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Land Acquisition and Arbitration Disputes - Land acquisition for highway widening often leads to arbitration disputes concerning valuation, possession, and compensation. Courts and tribunals have clarified that arbitral proceedings can be initiated under the relevant statutes, with the possibility of court extension for delays under Section 29A of the National Highways Act Ram Chand VS Land Acquisition Officer - Himachal Pradesh, Prabhat Thakur VS Collector Land Acquisition - Himachal Pradesh.
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Role of Courts and Tribunals - Courts have upheld the appointment of Advocate Commissioners for inspecting properties and gathering evidence to facilitate arbitration. They have also clarified that arbitration proceedings related to land acquisition under the National Highways Act are subject to statutory provisions and procedural safeguards Punarnava Ayurveda Hospital Pvt Ltd VS Arbitrator For NH 66 & District Collector - Kerala, Vijyant Davra S/o Vishwamitra VS Union of India through Secretary, Ministry of Road Transport & Highways - Rajasthan.
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Key Insights:
- The appointment of Advocate Commissioners is permissible under specific sections of the National Highways Act, primarily for property inspection and valuation.
- Arbitration proceedings are integral to resolving disputes arising from land acquisition for highway projects, with statutory backing.
- Courts and tribunals play a crucial role in approving or challenging such appointments and ensuring adherence to legal provisions.
Analysis and Conclusion:
The appointment of Advocate Commissioners under the National Highways Act is a recognized procedural step to facilitate evidence collection in arbitration related to land acquisition. Such appointments are governed by specific statutory provisions, ensuring that proceedings are fair and transparent. Courts have consistently upheld these mechanisms, emphasizing their importance in expediting dispute resolution in highway projects.
Search Results for "National Highway Arbitration Tribunal Advocate Commissioner"
2023 0 Supreme(Ker) 810 • India - Kerala
MURALI PURUSHOTHAMAN
National Highways Act - Appointment of Advocate Commissioner - Section 3A, 3G(5), 26, 27 of the N.H. ... widening National Highway No.66. ... Issues: Whether an Advocate Commissioner can be appointed for property inspection in arbitration proceedings ... to National Highway and other aspects. ... The said provision cannot be invoked for appointment of an Advocate Commi....
2021 0 Supreme(Ker) 650 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
tribunal - Declaration of acquisition - National Highways Authority of India - Project - Whether when writ petitioner has resorted ... Pending said application, petitioner also moved an application for appointment of an advocate Commissioner and an expert to value ... N.H. and Competent Authority, Land Acquisition, National Highway, under Section 3G(5) of Act, 1956. ... N.H. and Competent Authority, Land Acquisition, National Highway#HL_END....
2010 Supreme(Online)(KER) 37814 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Commissioner to inspect their properties, which were subject to acquisition for highway widening, arguing that such appointment ... Commissioner for inspection to gather necessary evidence regarding property values that may affect arbitration proceedings. ... concerning appointment of Advocate Commissioner under Section 9, allowing for property inspection to obtain evidence, thus clarifying ... Learned Government Pleader who took notice for respondents contends that Section 26(1)(a) of....
2018 0 Supreme(Gau) 1478 • India - Gauhati
KALYAN RAI SURANA
under National Highways Act and Pursuant to a notification under section of National Highways Act no objection was received from ... was published land of respondent herein was acquired and As per notification published in Gazette of India on Additional Deputy Commissioner ... Arbitration and Conciliation Act, 1996 - Section 18 ,34 and 37 - National Highways Act, 1956 - sub section ... Baruah, learned Standing Counsel for the National Highw....
2022 0 Supreme(Bom) 2676 • India - Bombay
ROHIT B. DEO
Sarjuprasad Sangamalal Gupta for the widening of a national highway. ... ARBITRATION - ARBITRATION AND CONCILIATION ACT, 1996; LAND ACQUISITION ACT, 2013; NATIONAL HIGHWAYS ACT, ... (ii) Whether the court could invoke Section 34(4) to allow the arbitral tribunal to resume proceedings to eliminate grounds for setting ... "NHAI Act") for widening, maintenance, management and operation of Sec. of NH-7 of the Nagpur - Hyderabad National Highway ("NH-7") ....
2019 0 Supreme(Ker) 789 • India - Kerala
S.MANIKUMAR, C.T.RAVIKUMAR
As per Section 2(e) of the Control of National Highways (Land and Traffic) Act, 2002, the word “Highway” means a National Highway ... National Highways Act, 1956- Section 9- The National Highways Fee (Determination of Rates and Collection ... As per Section 2(c) of the above said Rules, the word 'Bypass” means a section of National highway bypassing a town or city. ... Declaration of certain #HL_S....
2025 0 Supreme(HP) 1008 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
(Paras 6 - 8) ... ... Facts of the case: ... The National Highway Authority challenged an order terminating arbitration ... (A) National Highways Act, 1956 - Section 3A and Section 3G - Arbitration and Conciliation Act, 1996 - Section 29A - Extension of ... ... ... Issues: The primary issues regarding permissible delays in arbitration and the authority of courts to extend arbitration ... .21-A [New National Highway No.105] for ....
2022 0 Supreme(HP) 761 • India - Himachal Pradesh
AJAY MOHAN GOEL
in District Bilaspur, H.P. for the purpose of construction of National Highway, land for which has been acquired under provisions ... Land acquisition - Arbitral dispute - Purpose of construction of the National Highway - Arbitral disputes arise out of the land acquisition ... Arbitration and Conciliation Act, 1996 - Section 29(A) - National Highways Act, 1956 - Section 3G (a) - ... The arbitral disputes arise out of the land acquisition in District Bilaspur, H.P. for the purpose of co....
2023 0 Supreme(HP) 494 • India - Himachal Pradesh
RANJAN SHARMA
Arbitration Proceedings - National Highways Act, 1956 - Section 29A(1), 29A(3), 29A(5), 32 - The court allowed the petitions and ... They filed Reference Petitions under Section 3G(5) of the National Highways Act before the Arbitrator-cum-Divisional Commissioner ... Fact of the Case: The petitioners' land was acquired for widening/four laning of National Highway-21. ... Prabhat Thakur & another Versus Collector Land Acquisition, National#....
2016 0 Supreme(Raj) 210 • India - Rajasthan
MOHAMMAD RAFIQ
.425 situated at National Highway No.8, Village - A part of that land, admeasuring 593 square meters, is subjected under proposed ... National Highways Authority of India and Others in W.A. which was rendered in a petition filed by the National Highways Authority ... 9 - Arbitration agreement - Appointment of Arbitrator - Land Issue - Possession - Applicant is an owner of land bearing khasra no ... Section 3G(5) of the National Highways#HL_....
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