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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
ARUN R.PEDNEKER
National Highways Authority of India, Through its Project Director – Appellant
Versus
Digambar Hiwale – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1] By the present Arbitration Appeals, the National Highway Authority of India [NHAI] challenges the order passed by the Principal District Judge, Aurangabad under Section 34 of the Arbitration and Conciliation Act, 1996, dismissing the appellants’ applications, to set aside the award passed by the Arbitrator, granting compensation to the claimants @ Rs.7966/- per sq. mtrs. to the lands acquired from village Deolai, Taluka and District Aurangabad [Chhatrapati Sambhajinagar].
Brief facts leading to filing the present Appeals are as under :
2] The lands of the respondents – land owners situated at village Deolai were acquired for widening of National Highway-211 and the preliminary Notification for acquisition under Section 3-A (1) of the National Highways Act, 1956 [for short ‘Act of 1956’] was issued on18.09.2025. The Competent Authority passed award in respect of acquisition of the lands from more than 23 villages for National Highway-211.
3] The CALA passed first Award on 15.07.2017 in respect of the lands in village Deolai granting compensation @ Rs.7966/- per sq. meter for small lands and for large lands at lesser rates after making deductions.
4] The
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....
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....
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....
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....
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
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....
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