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Supreme Court of India 2021-07-20 dismissed

Project Director, National Highways No.45 E and 220 National Highways Authority of India vs M. Hakeem & Anr

Bench: 2 — R.F. Nariman

In Brief

This case consolidated multiple appeals challenging High Court judgments that enhanced compensation awarded to landowners under the National Highways Act through applications to set aside arbitral awards. The Supreme Court held that Section 34 of the Arbitration and Conciliation Act, 1996 does not permit courts to modify arbitral awards; it only allows setting aside on limited grounds or remitting to eliminate defects. Despite holding the law in favour of the appellants, the Court dismissed the appeals on facts, noting selective filing of appeals by the NHAI, perverse awards based on guideline values rather than market rates, governmental concession of constitutional issues regarding solatium and interest, and unfairness of remand after 7-10 years.

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Arbitration Law Arbitration and Conciliation Act 1996 National Highways Act 1956 Land Acquisition Arbitral Award Modification Section 34 Jurisdiction Constitutional Law - Article 14 Administrative Law Statutory Interpretation

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