NDLI: Union of India & Anr. Vs. Balwant Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act 1956 Arbitrator to be appointed National Highway Act 1894 s.25 s.3G(5)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Highways Act, 1956 (48 of 1956)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	National Highway Act, 1956 – s.3G(5) – Land Acquisition Act, 1894 – s.25 – Union of India contended that the impugned Judgment suffered from an error – It was contended that in the impugned judgment, the case of Madishetti Bala Ramul (D) through LRs v. The Land Acquisition Officer was followed, which applied only to the Land Acquisition Act and cannot be made applicable to the National Highways Act – Held: Union of India is right – Under the Land Acquisition Act an award that is made by the Land Acquisition is in the nature of an offer on behalf of the government and hence cannot be challenged by the government – Whereas, the scheme of the National Highways Act as disclosed by s.3G(5) is that the amount determined by the competent authority under the said Act may, on application of either of the parties, if it is not so acceptable, be then determined by the Arbitrator to be appointed by the central government – Thus, matters remanded to be decided u/s.37 of the Arbitration and Conciliation Act by the High Court – In the aforesaid terms, the appeals are allowed.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2019 INSC 996
Petitioner	Union Of India & Anr.
Respondent	Balwant Singh & Ors.
SCR	[2019] 12 S.C.R. 78
Judgement Date	2019-09-03
Case Number	6981

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