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Land Acqisition by NH Authorities - Arbitration Proceedings - Reg.


25-Mar-2023 (In Arbitration Law)
My Land was acquired under new RFCTLARR Act, 2013 by NHAI for road widening purpose. Award was passed and compensation has been paid. For further enhancement the same was referred by the RDO/Competent Authority/Land Acquisition, Bandar to Joint Collector as Arbitrator under section 64 (1) of new act. There upon a representation in November, 2018 was submitted to the Arbitrator by me and requested him to allow me to appoint my own arbitrator along with him and these two arbitrators will elect a third arbitrator so that all these three arbitrators will pass an arbitration award U/S 10 and 11 of Arbitration and Conciliation Act, 1996. Till now no reply has been received either from the Joint collector/Arbitrator or from NHAI. AS such, can I now approach the HC by way of a Writ Petition and request it to direct the Joint Collector/Arbitrator and NHAI to permit me to appoint my own arbitrator and complete the proceedings in a stipulated period. If yes, in what period I have to do this.
Answers (1)

Answer #1
595 votes
hi
as per orders of Delhi High court in devender Gupta vs union of India, joint collector/ collector cannot be appointed as arbitrator.
you should approach high court for appointment for independent arbitrator preferably a retired high court judge
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