Back
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER
National Highways Authority Of India PIU Jalgaon Through Its Project Director Shivaji V Pawar - – Appellant
Versus
Bhaskar Ninu Zambare – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1. By the present Arbitration Appeals, the appellant – National Highway Authority of India has challenged the order passed by the learned Principal District Judge under Section 34 of the Arbitration and Conciliation Act, 1996, whereby the application filed by the appellant under Section 34 of the said Act came to be rejected and the arbitral award passed by the learned Arbitrator under Section 3G(5) of the National Highways Act, 1956 came to be confirmed.
2. Since all the Arbitration Appeals involve common questions of fact and law, they are taken up together for hearing and are being disposed of by this common judgment.
3. For the sake of convenience, the facts in Arbitration Appeal No.103 of 2025 alone are referred to. The brief facts of the appeal are as under :
The National Highways Authority initiated acquisition proceedings for the purpose of widening National Highway No.6 from Jalgaon, Maharashtra to the Gujarat boundary. A notification under Section 3A of the National Highways Act, 1956 was issued on 11/11/2011. The said notification was published in the newspapers pursuant to communication dated 30/12/2011 and the public notice was published on 2
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
Limited judicial interference with arbitral land compensation awards under Sec.34/37; enhancement for commercial use upheld; separate easementary compensation allowed in partial acquisition affecting....
Section 29A of Arbitration Act inapplicable to arbitrations under Section 3G(5) of National Highways Act as special code; Central Government exclusive appointment overrides court extension/substituti....
Court held that an arbitrator cannot remand matters back to competent authority after initial determination, affirming the arbitrary powers under Section 3G(5) of NHAI Act and the doctrine of acquies....
Judicial intervention in arbitral awards is restricted, requiring adherence to statutory valuation methods ensuring fair compensation for land acquisition, as per applicable laws.
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
Important points:After making an elaborate survey of the rule position that the provisions of the Land Acquisition Act 1894, relating to solatium and interest contained in Section 23(1A) and (2) and ....
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
Judicial interference under Arbitration Act Sections 34/37 limited to patent illegality, public policy violation, or natural justice breach; no evidence reappreciation; challenger's failure to timely....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
