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Supreme Court of India 2019-08-27 allowed

NATIONAL HIGHWAYS AUTHORITY OF INDIA vs SAYEDABAD TEA CO. LTD. AND ORS

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

The National Highways Authority of India acquired land under the National Highways Act, 1956 and determined compensation. The landowner disputed the compensation and sought appointment of an Arbitrator. After the Central Government delayed appointment, the owner filed an application under Section 11 of the Arbitration Act, 1996 before the High Court, which appointed an Arbitrator. The Supreme Court held that Section 3G(5) of the National Highways Act vests exclusive appointment power in the Central Government. Section 11 of the 1996 Act is inapplicable because the National Highways Act is a special, self-contained code that overrides general arbitration laws. The Court quashed the High Court's appointment order and directed the Central Government to appoint an Arbitrator within 30 days.

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Administrative Law Arbitration and Conciliation Land Acquisition Statutory Interpretation Special vs. General Legislation National Highways

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