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by Admin
07 May 2024 2:49 AM
The Delhi High Court upheld an arbitration award in a complex land possession case, finding no merit in the petition challenging the arbitrator’s decisions under the Arbitration and Conciliation Act, 1996. The judgement was in context of a dispute over land possession following the abandonment of a multi-storeyed group housing project.
The court reaffirmed the arbitrator’s findings on possession, construction, damages, and the application of Section 14 of the Limitation Act as reasonable and based on evidence. The petitioners’ arguments regarding natural justice, limitation, damages, interest, costs, and counter-claims were found not sustainable, thereby upholding the arbitration award.
The petitioners and respondents, both successors in interest of the original parties, were embroiled in a dispute over land in Jamia Nagar, Okhla, following the alleged abandonment of a housing project. The key issue was whether the arbitration award directing the return of the land and payment for dismantled constructions was enforceable.
Section 14 of the Limitation Act: The court agreed with the arbitrator’s view that the respondents were diligently pursuing legal remedies from 1999 to 2019, making them eligible for the benefit of Section 14. This finding was not arbitrary or capricious and based on substantial evidence.
Principles of Natural Justice: The court found no violation of natural justice principles. The petitioners had ample opportunity to address the issues, including those related to Section 14 of the Limitation Act, in the arbitration proceedings.
Damages and Compensation: The court upheld the arbitrator’s discretion in assessing damages for dismantled constructions, despite the lack of direct evidence. The compensation was deemed reasonable and justified.
Rejection of Counter-Claim: The court agreed with the arbitrator’s rejection of the petitioner’s counter-claim for lack of sufficient evidence demonstrating how the litigation impacted the project development.
Decision: The petition challenging the arbitration award was dismissed, and the execution petition was allowed. The judgment-debtors were directed to hand over possession of the disputed land along with the awarded amount and interest within the specified time.
Date of Decision: April 5th, 2024
MOHD. AMIN (DECEASED) THROUGH LRS & ORS. Vs. MOHD. IQBAL (DECEASED) THROUGH LRS & ORS.
