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1 - 10 of 10 (0.19 seconds)Section 26 in The Land Acquisition Act, 1894 [Entire Act]
The National Highways Act, 1956
The Arbitration Act, 1940
Section 34 in The Arbitration Act, 1940 [Entire Act]
National Highways Authority Of India vs P. Nagaraju @ Cheluvaiah on 11 July, 2022
8. Before we address the issue on merits, we may note that the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015,
was notified by the Government of India, with effect from 01.09.2015,
clarifying that the provisions of the 2013 LA Act relating to determination
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of compensation in accordance with the First Schedule shall apply to all
cases of land acquisition under the enactments specified in the Fourth
Schedule thereto. The NH Act figures at Serial No. 6 in the Fourth
Schedule to the 2013 LA Act. In effect, there can be no doubt as to the
applicability of the provisions of the 2013 LA Act for determination of the
compensation payable under Section 3G(1) of the NH Act. This position
was made amply clear by this Court in National Highways Authority of
India vs. P. Nagaraju alias Cheluvaiah and another 4, wherein it was held
that all aspects contained in Sections 26 to 28 of the 2013 LA Act for
determination of compensation would be applicable during the exercise of
fixing the quantum of compensation payable under the NH Act.
The Indian Stamp Act, 1899
Section 2 in The Land Acquisition Act, 1894 [Entire Act]
Section 11 in The Land Acquisition Act, 1894 [Entire Act]
Madhya Pradesh Road Development ... vs Vincent Daniel on 15 May, 2023
12. Though the High Court laboured over various decisions of this
Court, the position obtaining under the statutory provision and the legal
principles laid down in the above referred judgments were neither noted
nor given effect to. Section 34(2A) of the Arbitration Act provides for
setting aside an arbitral award if it is found to be vitiated by patent illegality
appearing on the face of it. Though the proviso thereto stipulates that an
arbitral award should not be set aside merely on the ground of erroneous
application of law or by reappreciation of evidence, we are of the opinion
that the cloak of protection afforded by the proviso cannot be extended to
the present arbitral award. The Arbitrator completely ignored the directives
of Section 26(1)(b) of the 2013 LA Act and the Explanations thereunder,
by adopting a sale exemplar of a totally dissimilar type of land and, at that,
a single sale exemplar, which was contrary to the statutory mandate.
Respondent No. 1 had itself cited the Government rate available in the
Ready Reckoner, i.e., ₹2,020/- per square meter, being the rate applicable
for lands on the highway in Zone 4. Mauza Pardi (Rithi) finds mention
5 (2025) 7 SCC 798
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amongst the villages named in Zone 4. That being so, the statutory
provision that should have been applied for determination of the market
value of respondent No.1’s land was Section 26(1)(a) of the 2013 LA Act.
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