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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER
Nhai Piu Aurangabad – Appellant
Versus
Kerman Sam Amroliwala At Post – Pimpri Sekam – Respondent
| Table of Content |
|---|
| 1. highway land acquisition, compensation from ca to arbitrator awards. (Para 1 , 2 , 3 , 4) |
| 2. no evidence for doubled land value, erroneous loss grants. (Para 5) |
| 3. commercial petrol pump warrants higher compensation than awarded. (Para 6) |
| 4. limited s34/s37 interference: no reappreciation, only patent illegality. (Para 7) |
| 5. easement loss compensable for adjacent commercial remaining land. (Para 8 , 9) |
| 6. nhai appeal dismissed, remand for solatium benefits. (Para 10) |
JUDGMENT :
ARUN R. PEDNEKER, J.
1. In Arbitration Appeal No. 14/2016, filed under section 37 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as ‘the Act’ for short) the appellant (competent authority) – National Highways Authority of India (NHAI) has challenged the common judgment and order dated 13.4.2016 in Civil M.A. No. 57/2015 and Civil M.A. No. 68/2015 filed under section 34 of the Act passed by the Principal District Judge, Jalgaon whereby the applications filed by the applicants are dismissed. In Arbitration Appeal No. 4/2024, the above common judgment and award is challenged by the original claimant/owner of the land.
2. Facts giving rise to filing of the appeals are summarised
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....
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 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....
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 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.
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....
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....
Compensation for land acquisition excludes Electrical Installation and Public Health costs as they are not recognized under relevant statutes.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
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