Reiterating that right to housing is an essential part of right to life which is not merely an animal existence but entitlement to reasonable accommodation, the Delhi High Court in UDAL & ORS vs DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS has come to the aid of 14 slum dwellers, earlier declared ineligible by the Delhi government for rehabilitation, as it held them entitled for alternate accommodation after being removed for expansion of National Highway-24.
Court approached in the early stages of arbitration will prevail in all other subsequent proceedings
In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Comments
Post a Comment