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The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.
The Court clarified that limitation under Section 34, Arbitration Act, begins only upon disposal of proceedings formally instituted and entertained under Section 33 by the Arbitral Tribunal.
“The photographs show that they are now constructing/ upgrading side lanes/diversions on both sides of the flyover at Arjun Barodia. In fact, as per the agreement and the norms of Road Congress guidelines, the service road ought to have been constructed before starting the construction work of the bridge/flyovers/subways, etc.”
Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.
“The authority should ensure that work done is of such quality that it is not easily damaged by rain and other weather conditions in future.”
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
“Though tunnels on the said section are good, there are several stretches where it is difficult for the motorists to drive because of heavy dust on road and poor road conditions.”
Adoption of segmentation of a project cannot be adopted as a strategy to avoid environmental clearance impact assessment.
Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J., dismissed a bunch of writ petitions filed against the