Key Points Subject: Civil Law - Property Law. [judgement_subject] Act Referred: Arbitration and Conciliation Act, Section 34. [judgement_act_referred] Core Issue: Non-deposit of compensation by NHAI for land acquired and possessed in 2016, with pending Section 34 petitions lacking interim stay, execution petitions filed by landowners, and High Court directing full deposit per Arbitral Award. [1000783350001][1000783350002][1000783350003][1000783350004] Direction 1: NHAI to deposit 50% of compensation as awarded by Arbitral Award with Executing Court within four weeks; amount to be released to landowners unconditionally. (!) Direction 2: District Court handling Section 34 proceedings to endeavor to decide within six months. (!) Direction 3: NHAI to deposit balance compensation (per outcome under Section 34) with Executing Court within four weeks of determination; amount releasable to landowners subject to parties' legal rights and remedies. (!) Final Outcome: Special Leave Petition disposed of; High Court order dated 28.04.2022 modified as above; pending applications disposed of. [1000783350006][1000783350007][1000783350008]

Project Director National Highways Authority of India vs Saraswatibai Chandrakant Shinde

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1816

SURYA KANT, ABHAY S. OKA
Project Director National Highways Authority of India – Appellant
Versus
Saraswatibai Chandrakant Shinde – Respondent

Advocates Appeared:
Ms. Aishwarya Bhati, ASG, Ms. Neetica Sharma, Advocate, Mr. T.S. Sidhu, Advocate, Mr. Rishabh Dua, Advocate, Ms. Shivika Mehra, Advocate, Ms. Ameya Mahadik, Advocate, M/S. M. V. Kini & Associates, Advocate, for the Appellant; Mr. Ravindra Keshavrao Adsure, Advocate, Mr. Ajit Babanrao Kale, Advocate, Ms. Sakshi Ajit Kale, Advocate, Mr. Yash Prashant Sonavane, Advocate, for the Respondent.

Judgement Key Points

Key Points

Subject: Civil Law - Property Law. [judgement_subject]
Act Referred: Arbitration and Conciliation Act, Section 34. [judgement_act_referred]
Core Issue: Non-deposit of compensation by NHAI for land acquired and possessed in 2016, with pending Section 34 petitions lacking interim stay, execution petitions filed by landowners, and High Court directing full deposit per Arbitral Award. [1000783350001][1000783350002][1000783350003][1000783350004]
Direction 1: NHAI to deposit 50% of compensation as awarded by Arbitral Award with Executing Court within four weeks; amount to be released to landowners unconditionally. (!)
Direction 2: District Court handling Section 34 proceedings to endeavor to decide within six months. (!)
Direction 3: NHAI to deposit balance compensation (per outcome under Section 34) with Executing Court within four weeks of determination; amount releasable to landowners subject to parties' legal rights and remedies. (!)
Final Outcome: Special Leave Petition disposed of; High Court order dated 28.04.2022 modified as above; pending applications disposed of. [1000783350006][1000783350007][1000783350008]

ORDER

1. Heard Ms. Aishwarya Bhati, learned ASG appearing on behalf of the Petitioner and Mr. Ravindra Keshavrao Adsure, learned counsel who has appeared on caveat on behalf of the Respondent No.1.

2. The controversy pertains to the non-deposit of compensation amount awarded for the land, which the Petitioner-National Highways Authority of India (NHAI) had acquired and taken possession way back in the year 2016.

3. It appears that, being aggrieved by the Arbitral Award passed by the Ld. Arbitrator cum Commissioner, the NHAI has filed petitions under Section 34 of the Arbitration and Conciliation Act, 1996, which are still pending without any interim stay.

4. Meanwhile, the land owners have filed Execution Petitions but no amount has been deposited with the Executing Court.

5. It is in these circumstances, that the High Court has intervened vide its impugned Order dated 28.04.2022, directing the NHAI to deposit the amount as per the Arbitrator's Award before the Executing Court on or before 30.06.2022.

6. Having heard learned counsel for the parties, we deem it appropriate to dispose of the present proceedings with the following directions:

i. The NHAI shall deposit 50 per cent of the comp

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2022 Supreme(SC) 1816

SURYA KANT, ABHAY S. OKAProject Director National Highways Authority of India – AppellantVersusSaraswatibai Chandrakant Shinde – Respondent

Key Points

SURYA KANT, ABHAY S. OKA
Project Director National Highways Authority of India – Appellant
Versus
Saraswatibai Chandrakant Shinde – Respondent