Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996: s.34 – Modification of award by court, permissibility – Held: Power of a court under s.34 of the Act, 1996 to “set aside” an award of an arbitrator would not include the power to modify such an award – To state that the judicial trend appears to favour an interpretation that would read into s.34 a power to modify, revise or vary the award would be to ignore the previous law contained in the 1940 Act; as also to ignore the fact that the 1996 Act was enacted based on the UNCITRAL Model Law on International Commercial Arbitration, 1985 makes it clear that, given the limited judicial interference on extremely limited grounds not dealing with the merits of an award, the ‘limited remedy’ under s.34 is co-terminus with the ‘limited right’, namely, either to set aside an award or remand the matter under the circumstances mentioned in s.34 of the Arbitration Act, 1996 – National Highway Authority of India Act, 1956. National Highway Authority of India Act, 1956: ss.3G, 3H – The object of the NH Amendment Act, 1997 is to expedite the process of acquisition – This has been achieved by cutting down the period for hearing of objections from 30 days under s.5A of the Land Acquisition Act to 21 days under s.3C of the National Highways Act – Further, unlike the Land Acquisition Act, the moment a notification under s.3D(2) of the National Highways Act (equivalent to s.6 Land Acquisition Act) is made, the land vests absolutely in the Central Government free from all encumbrances – Thereafter, where land has vested in the Central Government and the amount determined by the competent authority under s.3G as compensation has been deposited by the Central Government in accordance with s.3H(1), the competent authority may then direct that possession be taken within 60 days of service of notice by it. Also, injunctions against highway projects have now become impossible to obtain in view of s.20A of the Specific Relief Act, which has been introduced w.e.f. 01.10.2018 – Land Acquisition Act, 1894 – ss.5A, 6. Land Acquisition: Differential compensation – Held: Cannot be awarded on the ground that a different public purpose is sought to be achieved. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 344 |
Petitioner | The Project Director, National Highways No. 45 E And 220 National Highways Authority Of India |
Respondent | M. Hakeem & Anr. |
SCR | [2021] 5 S.C.R. 368 |
Judgement Date | 2021-07-10 |
Case Number | 2756 |
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