National Highway Archives

“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion

The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.

Case Briefs High Courts

[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment

Debarment encompasses a broader scope than termination, as it can prohibit an entity from entering into any contracts with a company altogether, rather than just ending one specific contract, as is the case with termination.

Case Briefs High Courts

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

“It is essential that there be illegalities or deficiencies at the face of the Award which shocks the conscience of the Court for it to qualify to be set aside by an act of this Court while adjudicating upon a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

Delhi High Court | Non-consideration of a clause in a concession agreement not an error that goes into the root of the award; cannot amount to patent illegality

The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.

Case Briefs High Courts

Time of court and investigation agency both has been consumed; Delhi High Court directs Rs 25,000 as compensation towards “Green Highways Fund”

Delhi High Court: In a case pending for 5 years before Court, the parties finally reached compromise and sought quashing

Case Briefs High Courts

Can’t let the roads of Kerala be a killing field; Kerala HC issues directions to NHAI and District Collectors to ensure the roads are craters & potholes free

“The speed limits on most of our roads are in the vicinity of 70 to 90 km. But many of them cannot even handle traffic that moves over 20 or 30 km. This is compounded when it rains and when the potholes are not visible, as in the case of the hapless victim we are dealing with.”

Case Briefs Supreme Court

Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi

Case Briefs High Courts

MP HC | What would be an appropriate factor by which market value of land was to be multiplied to assess the compensation in the case where the land was situated in the rural area? [NH- 148N land acquisition]

Madhya Pradesh High Court: The Division Bench of Vivek Rusia and Rajendra Kumar Verma, JJ. took up a bunch of petitions which

Case Briefs High Courts

Tri HC | Whether mere act of a bandh call and blocking of a highway would constitute the offence punishable under S. 8-B of the National Highways Act, without any element of mischief? Court analyzes

Tripura High Court: Akil Kureshi, CJ., decided on a matter wherein the petitioners had prayed for quashing and setting aside various first

Case Briefs High Courts

Bom HC | Right to Property under Art. 300 A – A Human and Constitutional Right? Court decides in a dispute of construction of National Highway [Land Owners v. State]

Bombay High Court: The Division Bench of S.V. Gangapurwala and Shrikant D. Kulkarni, JJ., expressed that, In a welfare State, statutory authorities

Case Briefs High Courts

Fixing speed for plying vehicles on NH is policy matter of government; petition for violation of Article 21 dismissed

Delhi High Court: A Division Bench comprising of Rajendra Menon, C.J. and V. Kameswar Rao, J. dismissed a petition filed by a