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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Land Acquisition Compensation Award. Market Value Determined by Ready Reckoner Rates Upheld for Recreational Ground Reservation.

The Municipal Corporation of Greater Mumbai challenged an award dated 3rd November 2017 by the Sub-Divisional Officer, which determined compensation o...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...