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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER
National Highway Authority Of India – Appellant
Versus
Suresh Pandharinath Matre – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1. The present Arbitration Appeals are filed under Section 37 of the Arbitration and Conciliation Act, 1996, by the appellants- National Highway Authority challenging the Judgment and Order dated 16/10/2025 passed by the learned Principal District Judge, Aurangabad in the proceedings filed under Section 34 of the Arbitration and Conciliation Act, 1996. By the said judgment, the learned Principal District Judge, Aurangabad dismissed the applications filed under of the Act and upheld the arbitral award passed by the learned Arbitrator.
2. All the Arbitration Appeals involve common issues and arise out of acquisition of lands for the expansion of highway in village Gandheli wherein uniform compensation for the acquired lands are granted. Hence, they are taken up together for hearing and are being decided by this common judgment.
3. The following questions arise for consideration of this Court in the present appeals:
a) Whether Section 29A of the Arbitration and Conciliation Act, 1996 applies to the arbitration proceedings conducted under Section 3G(5) of the National Highways Act, 1956 ? If so, whether the provisions of Section 29A as introduced by the Arbi
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....
The court clarified that under Section 34 of the Arbitration Act, the scope of review is limited to setting aside awards for patent illegality or public policy violations, not for modification.
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
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.
Judicial intervention in arbitral awards is restricted, requiring adherence to statutory valuation methods ensuring fair compensation for land acquisition, as per applicable laws.
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....
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