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Supreme Court of India 2021-07-20 dismissed

THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO.45 E AND 220 NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M. HAKEEM & ANR

Bench: 2 — R. F. Nariman, B. R. Gavai

In Brief

The Supreme Court examined whether courts can modify arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, specifically in land acquisition cases under the National Highways Act. The Court held that Section 34 permits only setting aside awards on limited grounds, not modification, applying uniformly across all arbitrations including those under the National Highways Act where arbitrators are government-appointed. While the Court recognized the awards were based on perversely low guideline values and some landowners received differential compensation, it dismissed the appeals, declining to remand cases made 7-10 years ago to the same government arbitrator, and exercising discretion under Article 136 of the Constitution.

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Arbitration Judicial Review of Awards Statutory Interpretation Land Acquisition National Highways Compensation Constitutional Law

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