Bombay High Court
India Through its Project Director Amrish M MankarversusGangadhar Maroti and Another
- Disposal
- DISMISSED
- Bench
- ARUN R PEDNEKER
Holding
The High Court dismissed the arbitration appeals and upheld the arbitrator’s award confirming the CALA compensation.
Summary
The National Highways Authority of India (NHAI) challenged the compensation awards granted by the Competent Authority Land Acquisition (CALA) for lands acquired for the widening of National Highway 211, alleging excessive valuation, fraud, and denial of fair opportunity before the arbitrator. The CALA award dated 20‑May‑2017 fixed compensation at Rs.550 per sq m for lands up to 500 sq m, with lower rates for larger parcels. NHAI’s subsequent application under the NHAI Act was dismissed by an arbitrator on 9‑Jan‑2024, who upheld the CALA award. NHAI then filed applications under section 34 of the Arbitration and Conciliation Act, 1996, which were upheld by the Principal District Judge, and appealed before the High Court. The High Court found that NHAI failed to produce specific market‑value evidence, that the arbitrator had granted ample opportunities to file affidavits, and that the award was based on the evidence before it. Consequently, the Court dismissed the arbitration appeals and affirmed the CALA compensation award.
Issues considered
- The adequacy of the compensation awarded by CALA for the acquired land.
- Whether the arbitrator denied NHAI a fair opportunity to present its case.
- Whether the arbitrator erred in upholding the CALA award despite alleged fraud and excessive valuation.
- Whether the award under section 34 of the Arbitration Act should be set aside.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 34, 37
- National Highways Authority of India Act, 1956 — s. 3(G)(1), 3(G)(5)
Subjects
- Arbitration
- Compensation
- Land acquisition
- NHAI
- Section 34
- Section 37
- Arbitrator
- Market value
- Fair opportunity
- Fraud allegations
Judgment
2026:BHC-AUG:15391
Arb. Appeal No. 112/25 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 ARBITRATION APPEAL NO. 112 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Santosh Rangnath And Others
...
WITH
ARBITRATION APPEAL NO. 135 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M. Mankar
VERSUS
Samadhan Dattu And Another
…
WITH
ARBITRATION APPEAL NO. 139 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3233 OF 2026 IN ARBA/43/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Nana Trimbak And Another
…
WITH
ARBITRATION APPEAL NO. 138 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Amol Jagannath And Another
…
Arb. Appeal No. 112/25 & Ors.
2
WITH
CIVIL APPLICATION NO. 3437 OF 2026 IN ARBA/53/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujawala And Others
…
WITH
CIVIL APPLICATION NO. 3443 OF 2026 IN ARBA/55/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujawala And Others
…
WITH
ARBITRATION APPEAL NO. 134 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Deoji Laxman And Another
…
WITH
CIVIL APPLICATION NO. 3655 OF 2026 IN ARBA/61/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3674 OF 2026 IN ARBA/68/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
CIVIL APPLICATION NO. 3236 OF 2026 IN ARBA/46/2026
Arb. Appeal No. 112/25 & Ors.
3
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Dattu Bajirao And Another
…
WITH
ARBITRATION APPEAL NO. 136 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M. Mankar
VERSUS
Deoji Laxman And Another
…
WITH
CIVIL APPLICATION NO. 3430 OF 2026 IN ARBA/51/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Krushna Baburao And Another
…
WITH
CIVIL APPLICATION NO. 3564 OF 2026 IN ARBA/57/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
CIVIL APPLICATION NO. 14189 OF 2025 IN ARBA/149/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3116 OF 2026 IN ARBA/39/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Arb. Appeal No. 112/25 & Ors.
4
Indraraj Tatyabhau And Another
…
WITH
CIVIL APPLICATION NO. 3120 OF 2026 IN ARBA/41/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Kasabai Sonaji And Another
…
WITH
CIVIL APPLICATION NO. 3118 OF 2026 IN ARBA/40/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sanjay Murlidhar And Another
…
WITH
CIVIL APPLICATION NO. 14181 OF 2025 IN ARBA/144/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Nagnath Namdeo And Another
…
WITH
ARBITRATION APPEAL NO. 137 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
CIVIL APPLICATION NO. 3658 OF 2026 IN ARBA/64/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
Arb. Appeal No. 112/25 & Ors.
5
ARBITRATION APPEAL NO. 49 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Dattu Bajirao And Another
…
WITH
CIVIL APPLICATION NO. 3675 OF 2026 IN ARBA/69/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sudhir Lalchand Agarwal And Another
…
WITH
ARBITRATION APPEAL NO. 131 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Balu Baburao And Another
…
WITH
ARBITRATION APPEAL NO. 57 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3568 OF 2026 IN ARBA/60/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vishnu Bhivsan And Another
…
WITH
CIVIL APPLICATION NO. 14154 OF 2025 IN ARBA/139/2025
National Highways Authority Of India Through Its Project Director Amrish
Arb. Appeal No. 112/25 & Ors.
6
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3672 OF 2026 IN ARBA/65/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Yamunabai Shankar And Another
…
WITH
CIVIL APPLICATION NO. 3673 OF 2026 IN ARBA/67/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
CIVIL APPLICATION NO. 3676 OF 2026 IN ARBA/70/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Rambhau Namdev And Others
…
WITH
CIVIL APPLICATION NO. 3423 OF 2026 IN ARBA/50/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujawala And Other
…
WITH
CIVIL APPLICATION NO. 3656 OF 2026 IN ARBA/62/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Janardhan Murlidhar And Another
Arb. Appeal No. 112/25 & Ors.
7
…
WITH
CIVIL APPLICATION NO. 3657 OF 2026 IN ARBA/63/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sanjay Murlidhar And Another
…
WITH
ARBITRATION APPEAL NO. 66 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Suresh Mohan And Another
…
WITH
ARBITRATION APPEAL NO. 65 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Yamunabai Shankar And Another
…
WITH
ARBITRATION APPEAL NO. 67 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
ARBITRATION APPEAL NO. 68 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
ARBITRATION APPEAL NO. 61 OF 2026
Arb. Appeal No. 112/25 & Ors.
8
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 62 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Janardhan Murlidhar And Another
…
WITH
ARBITRATION APPEAL NO. 63 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sanjay Murlidhar And Another
…
WITH
ARBITRATION APPEAL NO. 64 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 69 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sudhir Lalchand Agarwal And Another
…
WITH
ARBITRATION APPEAL NO. 70 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
Arb. Appeal No. 112/25 & Ors.
9
VERSUS
Rambhau Namdev And Others
…
WITH
ARBITRATION APPEAL NO. 50 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujawala And Others
…
WITH
ARBITRATION APPEAL NO. 53 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujawala And Others
…
WITH
ARBITRATION APPEAL NO. 47 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhanudas Hiraman And Another
…
WITH
ARBITRATION APPEAL NO. 51 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Krushna Baburao And Another
…
WITH
ARBITRATION APPEAL NO. 144 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Nagnath Namdeo And Another
…
Arb. Appeal No. 112/25 & Ors.
10
WITH
ARBITRATION APPEAL NO. 58 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Chandrakant Mohan And Another
…
WITH
ARBITRATION APPEAL NO. 59 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Baban Dasharath And Another
…
WITH
ARBITRATION APPEAL NO. 60 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vishnu Bhivsan And Another
…
WITH
ARBITRATION APPEAL NO. 114 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Anusayabai Baban And Another
…
WITH
ARBITRATION APPEAL NO. 115 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Bharat Baburao And Another
…
WITH
ARBITRATION APPEAL NO. 116 OF 2025
Arb. Appeal No. 112/25 & Ors.
11
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 123 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 130 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Nandkumar Baban And Another
…
WITH
ARBITRATION APPEAL NO. 132 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M. Mankar
VERSUS
Pundalik Rangnath Jadhav And Another
…
WITH
ARBITRATION APPEAL NO. 133 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Ramdas Kisan And Another
…
WITH
ARBITRATION APPEAL NO. 140 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Arb. Appeal No. 112/25 & Ors.
12
Nana Trimbak And Another
…
WITH
ARBITRATION APPEAL NO. 142 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Amol Jaganath And Another
…
WITH
ARBITRATION APPEAL NO. 146 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Chandrakant Mohan And Another
…
WITH
ARBITRATION APPEAL NO. 149 OF 2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 38 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Goraknath Yashwanta And Another
…
WITH
ARBITRATION APPEAL NO. 39 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Indraraj Tatyabhau And Another
…
WITH
Arb. Appeal No. 112/25 & Ors.
13
ARBITRATION APPEAL NO. 40 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Sanjay Murlidhar And Another
…
WITH
ARBITRATION APPEAL NO. 41 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Kasabai Sonaji And Another
…
WITH
ARBITRATION APPEAL NO. 48 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 55 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Vasant Ghanshyamdas Haujwala And Others
…
WITH
ARBITRATION APPEAL NO. 56 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Suresh Mohan And Another
…
WITH
ARBITRATION APPEAL NO. 45 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
Arb. Appeal No. 112/25 & Ors.
14
M Mankar
VERSUS
Tarabai Mahadu And Another
…
WITH
ARBITRATION APPEAL NO. 46 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Dattu Bajirao And Another
…
WITH
ARBITRATION APPEAL NO. 43 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Nana Trimbak And Another
…
WITH
ARBITRATION APPEAL NO. 44 OF 2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
ARBITRATION APPEAL NO. 141 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Deoji Laxman And Another
…
WITH
ARBITRATION APPEAL NO. 129 OF 2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Rajendra Mohan And Another
Arb. Appeal No. 112/25 & Ors.
15
…
WITH
CIVIL APPLICATION NO. 13821 OF 2025 IN ARBA/114/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Anusayabai Baban And Another
…
WITH
CIVIL APPLICATION NO. 13822 OF 2025 IN ARBA/115/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Bharat Baburao And Another
…
WITH
CIVIL APPLICATION NO. 13823 OF 2025 IN ARBA/116/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
CIVIL APPLICATION NO. 13834 OF 2025 IN ARBA/123/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Vitthal Maroti And Another
…
WITH
CIVIL APPLICATION NO. 14140 OF 2025 IN ARBA/129/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Rajendra Mohan And Another
…
WITH
CIVIL APPLICATION NO. 14141 OF 2025 IN ARBA/130/2025
Arb. Appeal No. 112/25 & Ors.
16
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Nandkumar Baban And Another
…
WITH
CIVIL APPLICATION NO. 14142 OF 2025 IN ARBA/131/2025
National Highways Authority Of India Through Its Project Director, Amrish
M. Mankar
VERSUS
Balu Baburao And Another
…
WITH
CIVIL APPLICATION NO. 14146 OF 2025 IN ARBA/132/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Pundalik Rangnath Jadhav And Another
…
WITH
CIVIL APPLICATION NO. 14147 OF 2025 IN ARBA/133/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Ramdas Kisan And Another
…
WITH
CIVIL APPLICATION NO. 14148 OF 2025 IN ARBA/134/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Deoji Laxman And Another
…
WITH
CIVIL APPLICATION NO. 14150 OF 2025 IN ARBA/135/2025
National Highways Authority Of India Through Its Project Director, Amrish
M. Mankar
Arb. Appeal No. 112/25 & Ors.
17
VERSUS
Samadhan Dattu
…
WITH
CIVIL APPLICATION NO. 14151 OF 2025 IN ARBA/136/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Deoji Laxman And Another
…
WITH
CIVIL APPLICATION NO. 14152 OF 2025 IN ARBA/137/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhimrao Trimbak And Another
…
WITH
CIVIL APPLICATION NO. 14153 OF 2025 IN ARBA/138/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Amol Jagannath And Another
…
WITH
CIVIL APPLICATION NO. 14155 OF 2025 IN ARBA/140/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Nana Trimbak And Another
…
WITH
CIVIL APPLICATION NO. 14156 OF 2025 IN ARBA/141/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Deoji Laxman And Another
…
Arb. Appeal No. 112/25 & Ors.
18
WITH
CIVIL APPLICATION NO. 14157 OF 2025 IN ARBA/142/2025
National Highways Authority Of India Through Its Project Director, Amrish
M Mankar
VERSUS
Amol Jaganath And Another
…
WITH
CIVIL APPLICATION NO. 14184 OF 2025 IN ARBA/146/2025
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Chandrakant Mohan And Another
…
WITH
CIVIL APPLICATION NO. 3115 OF 2026 IN ARBA/38/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Goraknathyashwanta And Another
…
WITH
CIVIL APPLICATION NO. 3234 OF 2026 IN ARBA/44/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Ramrao Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3294 OF 2026 IN ARBA/48/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Gangadhar Maroti And Another
…
WITH
CIVIL APPLICATION NO. 3562 OF 2026 IN ARBA/56/2026
Arb. Appeal No. 112/25 & Ors.
19
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Suresh Mohan And Another
…
WITH
CIVIL APPLICATION NO. 3565 OF 2026 IN ARBA/58/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Chandrakant Mohan And Another
…
WITH
CIVIL APPLICATION NO. 3567 OF 2026 IN ARBA/59/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Baban Dasharath And Another
…
WITH
CIVIL APPLICATION NO. 3295 OF 2026 IN ARBA/49/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Dattu Bajirao And Another
…
WITH
CIVIL APPLICATION NO. 3293 OF 2026 IN ARBA/47/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Bhanudas Hiraman And Another
…
WITH
CIVIL APPLICATION NO. 13810 OF 2025 IN ARBA/112/2025
National Highways Authority Of India Through Its Project Director Amrish
M. Mankar
VERSUS
Arb. Appeal No. 112/25 & Ors.
20
Santosh Rangnath And Others
…
WITH
CIVIL APPLICATION NO. 3235 OF 2026 IN ARBA/45/2026
National Highways Authority Of India Through Its Project Director Amrish
M Mankar
VERSUS
Tarabai Mahadu And Another
…
Advocate for Appellants in all appeals : Mr. Rahate Satyajeet Jadhavrao
Advocate for Respondent No. 1 in respective appeals : Mr. R.M. Patil h/f.
Mr. P.H. Patil
Advocates for Respondent/C.A.L.A. in respective appeals : Mr. U.B.
Bondar, Mr. N.T. Tribhuwan, Mr. S.W. Munde, Mr. R.B. Bagul, Mr. K.S.
Solanke, Mr. A.R. Borulkar, Mr. S.S. Deve, Mr. R.D. Sanap, Mr. Rajesh
Mewara, Mr. A.D. Kulkarni, Ms. A.S. Jadhav, Ms. M.G. Kasturkar, Mr. R.R.
Bangar, Mr. N.U. Jadhav, Mr. N.T. Bhagat, Mr. K.S. Solanke
…
CORAM : ARUN R. PEDNEKER, J.
Dated : April 10, 2026
ORDER :-
1. By the present arbitration appeals, the National Highways Authority
of India has challenged the judgment and orders passed by the learned
Principal District Judge, Aurangabad in an applications under section 34
of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as
‘the Act’ for short), so also the awards passed by the Arbitrator in an
applications under section 3(G)(5) of the National Highways Authority of
India Act, 1956 (hereinafter referred to as ‘the NHAI Act’ for short)
confirming the awards passed by the Competent Authority Land
Acquisition and Sub Divisional Officer, Aurangabad under section 3(G)(1)
Arb. Appeal No. 112/25 & Ors.
21
of the NHAI Act. The learned Principal District Judge has upheld the
awards passed by the arbitrator, confirming the awards passed by the
Competent Authority Land Acquisition (hereinafter referred to as ‘CALA’
for short), who has granted compensation at the rate of Rs.550/- per Sq.
Mtr. for the acquired lands for the expansion of national highway.
2. Facts in brief, leading to the filing of the present appeals are
summarized as under :-
Notification under section 3-A of the NHAI Act was issued on
17.9.2014 for compulsory acquisition of lands required for widening of
national highway No. 211 for various villages including the village
Talesaman, Tal. and Dist. Aurangabad. Final notification under section 3-D
of the Act was issued on 15.9.2015. CALA declared the common award
determining compensation under section 3-G(1) of NHAI Act on
20.5.2017 by categorizing the lands into various slabs. Thus, the lands
upto 500 Sq. Mtrs. were granted compensation at the rate of Rs. 550/- per
Sq. Mtrs, lands from 501 to 2000 Sq. Mtrs. were granted compensation at
the rate of 495/- per Sq. Mtrs., lands from 2001 to 4000 Sq. Mtrs. were
granted compensation at the rate of 440/- per Sq. Mtrs., lands from 4001
to 10000 Sq. Mtrs. were were granted compensation at the rate of 330/-
per Sq. Mtrs. and the lands above 10000 Sq. Mtrs. were granted Rs. 275/-
per Sq. Mtrs.
Arb. Appeal No. 112/25 & Ors.
22
3. Without cancelling the above award dated 20.5.2017, in respect of
the same lands covered under the above award, CALA declared another
award on 23.8.2017. The claimants challenged the second award before
the High Court in Writ Petition No. 14300/2019, 14279/2019 and
14276/2019. The High Court quashed and set aside the second award
dated 23.8.2017 being without jurisdiction. Thereafter, NHAI challenged
the first award dated 20.5.2017 before the Collector/arbitrator under
section 3(G)(5) of the NHAI Act. The arbitrator by award dated 9.1.2024
dismissed the application filed by NHAI under section 3-G(5) and upheld
the first award by CALA dated 20.5.2017. However, the appellant/NHAI
challenged the said award dated 9.1.2024 before the learned Principal
District Judge by filing applications under section 34 of the Act. The same
is dismissed by the above impugned judgment and order and accordingly,
the present appeals under section 37 of the Act are filed.
4. Challenging the awards, the learned counsel for the appellant/NHAI
submits that CALA has done excessive valuation of the land and there
were allegations of fraud against the CALA. It is also submitted that the
arbitrator has not acted fairly, although various applications were pending
before him, no orders were passed, Roznamas were manupulated at the
instance of arbitrator and the awards were passed under the influence of
Arb. Appeal No. 112/25 & Ors.
23
political persons and the arbitral tribunal has refused to accept the
documents filed by NHAI. It is also stated that the appellant had issued
notice to the arbitrator for not giving fair opportunity and that arbitrator
has acted malafide. It is also stated that arbitrator has not discussed the
merits of the matter and accordingly passed the awards and therefore, the
same may be quashed and set aside and the matters be remitted to the
arbitrator for fresh decision.
5. Per contra, the learned counsel appearing for claimants submits that
infact lessor compensation has been granted to the claimants by CALA in
comparison to the compensation granted to the lands of other adjacent
villages. The learned counsel submits that evidence was produced by the
claimants in the arbitration application filed under section 3(G)(5) by the
NHAI. The arbitration application was filed on 14.1.2022 and the date of
decision of arbitrator is 9.1.2024. For two years matters were pending
before the arbitrator, however, the appellant failed to file documents in
support of claim before the arbitrator although affidavits in evidence was
filed before the arbitrator. The learned counsel submits that claimants had
filed their evidence before the arbitrator and after discussing the evidence
produced, the arbitrator has come to the conclusion that the sale deeds
produced by the claimants shows that market value is much higher than
the amount granted by CALA and the average of sale deeds as per
Arb. Appeal No. 112/25 & Ors.
24
respondent/claimant is more than Rs.2287/- per Sq. Mtrs. The lands of
the claimants are abutting the Aurangabad Municipal limits and Industrial
township of Waluj. There is terminal of the Container Corporation of India
just besides the acquired land and therefore, the market value mentioned
in the sale deeds is appropriate. It is evident from the market value
determined in case of adjoining villages of Karodi and Maliwada that the
landowners were awarded at the rate of Rs.2100/- per Sq. Mtrs. and
further in the case of some landowners whose lands are abutting to the
lands of respondents, the arbitrator has granted compensation at the rate
of Rs1767/- per Sq. Mtr. and for Satara locality the landowners were
awarded compensation at the rate of Rs.16700/- per Sq. Mtr., Rs.5000/- to
Rs.13300/- per Sq. Mtr. For Kanchanwadi, Rs. 1767/- per Sq. Mtr. For
Karodi and Rs. 2100/- per Sq. Mtr. For Maliwada. Considering all these
aspects the arbitral tribunal has maintained the awards of CALA and not
interfered in the same.
6. The issues involved in the matters relating to village Talesaman and
Devlai are common and common oral arguments were advanced before
the District Court. I have independently passed order in Arbitration Appeal
No. 113/2025 (National Highways Authority of India Vs. Digambar
Hiwale and Ors.) and other connected matters dealing with the lands
acquired from village Devlai on 7.4.2026. The reasoning given therein as
Arb. Appeal No. 112/25 & Ors.
25
regards conduct of the parties including NHAI also apply to these appeals.
7. On perusal of the award passed by the arbitrator, it is seen that the
arbitrator has observed that the applicant/NHAI has failed to produce any
sale deed to prove the actual market value of the acquired land and in
fact, they have not claimed any specific market value for the land.
Therefore, the claim of the applicants seems vague. The arbitrator has
further observed that the proceedings before this arbitrator are original
proceedings and not an appeal against the CALA's award and the
applicants are bound to make specific claim along with cogent and reliable
evidence in support thereof. The learned arbitrator has observed that the
Respondent/land owners have produced sale transactions from the same
vicinity and on examination of the sale deeds it is clear that the market
value is much higher and the average of sale deeds is more than Rs.
2287/- per sq mtr.
8. Land owners have also produced sale deeds of adjoining village of
Karodi. The average of sale deeds in Karodi Rs. 2488/- per sq mtr. The
respondent has also produced a conjoined map of Talesaman, Asegaon and
Karodi, all three villages sharing boundaries. In fact, there is no separate
village by the name of Talesaman and their only one grampanchyat i.e of
Asegaon. The arbitrator has also observed that these localities are abutting
Arb. Appeal No. 112/25 & Ors.
26
the Aurangabad Municipal Limit and Industrial Township Waluj. There is
the terminal of the Container Corporation of India just beside the acquired
land. Therefore, the market value mentioned in the sale deeds seems to be
appropriate. However, the arbitrator has observed that though the
claimants have claimed enhancement by way of Counter Claim, the
arbitrator has not decided the same in the proceeding under section 3(G)
(5) initiated at the instance of the NHAI. The arbitrator has observed that
nevertheless, the evidence produced by the respondents/claimants can be
used for verifying claim of applicants. The arbitrator has observed that
from the market value mentioned in sale deeds it's amply clear that the
market value of acquired land is more than what is awarded by the CALA
i.e. more than Rs. 550/- per sq. mtrs. The arbitrator has also observed that
it would also be apt to mention that market value discovered by CALA is
further reduced on the basis of size of the actual acquired land and
therefore, the market value determined by the CALA is much lesser.
9. The arbitrator has held that the applicant/NHAI has expressed his
apprehension of the possibility of corruption against the CALA, however,
the arbitrator has no authority to enquire into apprehension of parties.
The arbitrator has decided the issue on the basis of specific claims
accompanied with evidence.
Arb. Appeal No. 112/25 & Ors.
27
10. The arbitrator has further held that it is evident from the market
value determined in case of adjoining villages of Karodi and Maliwada
that the landowners were awarded at the rate of Rs. 2100/- per sq. mtrs.
In the case of some landowners whose lands are abutting the claimant’s
land the NHAI had challenged the award. Arbitrator was pleased to
redetermine the market value at the rate of Rs. 1767/- per sq. mtrs. The
said determination was acquiesced and the compensation amount was
duly disbursed by the applicants.
11. The NHAI has challenged the arbitral award before the District
Court. The District Court has dealt in detail with the submissions of the
NHAI that the authority has not granted fair opportunity to the appellant.
The learned District Court has observed that one of the grounds repeatedly
urged by NHAI is that the Arbitrator did not give full opportunity to NHAI
to present its case. Documents submitted on behalf of NHAI like e-mail
dated 11.12.2023 were sent to the office of Collector, were the ready-
recknor and reports and the same was not considered by the Collector. The
District Court observed that the subject of mail was "Index-II, Satara,
Deolai, Gandheli, Asegaon, Talesaman, Rail-Nawadi, Makranpura,
Kannad" and the documents were belatedly sent after the declaration of
the impugned Award and thus, it is a misleading argument on behalf of
the NHAI to contend that their documents are not considered by the
Arb. Appeal No. 112/25 & Ors.
28
Arbitrator.
12. The learned District Court has observed that perusal of the roznama
in respect of both the proceedings i.e. Talesaman and Deolai shows that
advocates for both sideswere heard on several dates. In the case of
Talesaman, the advocates filed various applications from time to time and
served copies upon each other. On 25.4.2023 the matter was adjourned for
filing affidavit evidence of NHAI. On 13.6.2023, NHAI did not file the
affidavit and hence matter was again adjourned to 20.6.2023. Again on
20.6.2023, no steps were taken by NHAI. On 5.7.2023, it is stated in
roznama that despite granting opportunities repeatedly, NHAI has not filed
evidence and therefore as a last chance matter was adjourned to
12.7.2023. Even thereafter, on 12.7.2023, 19.7.2023 and 26.7.2023 no
affidavit was filed. Hence, on 26.7.2023, the arbitrator recorded in
roznama that the period to file affidavit evidence by Project Director, NHAI
has expired and matter was adjourned to 2.8.2023. On 2.8.2023, both
advocates were granted time till 14.8.2023 to file written submissions.
Oral submissions were also heard and matter was closed for decision.
However, on 31.10.2023, roznama shows that NHAI requested for
permission to file claim affidavit and same was allowed to be filed. It is
further recorded that as per the amendment application, NHAI has filed
the amended plaint/claim on 19.8.2023. On 29.11.2023, it is recorded
Arb. Appeal No. 112/25 & Ors.
29
that both advocates requested for opportunity to conduct oral hearing and
therefore both sides were heard.
13. Thus, the learned District Court held that from the roznama it is
apparent that repeated opportunities were granted to NHAI by the
arbitrator. As stated above, the NHAI took period from 25.4.2023 to
31.10.2023 to file their affidavit evidence. The advocates were also heard
orally despite written submissions. Arbitrator was required to issue notice
on 12.10.2023 to the Project Director, NHAI drawing attention to repeated
delay and failure of NHAI to submit evidence affidavit. In the light of these
opportunities granted to the NHAI, it is highly improper and unfair on the
part of NHAI to urge that equal opportunity was not granted. On the
contrary, the arbitrator granted several opportunities to the NHAI to file its
affidavit i.e. more than 6 months. Even with said affidavit, all documents
were not filed. Despite so many opportunities, the NHAI submitted
documents by e-mail dated 22.1.2024, after the award was already
declared on 9.1.2024.
14. Thus, the District Court in detail has analysed the allegations made
against the arbitrator of not giving fair/equal opportunity to NHAI to lead
evidence. However, it is to be seen that the matter was pending from
14.1.2022 to 9.1.2024 before the arbitrator. The District Court has also
Arb. Appeal No. 112/25 & Ors.
30
found that the acquired land from other villages have been granted higher
compensation i.e. multiple time higher compensation and some of the
awards were not even challenged by the NHAI. In the above noted facts
that the appellant failed to lead evidence before arbitrator and that the
neighbouring villagers are granted higher compensation and so also the
evidence produced by the claimants show that less compensation than
market value is granted to the claimants, I hold that no case is made out
by the appellant to interfere with the arbitral award so also the order
passed by the District Court under section 34 of the Arbitration Act.
15. Accordingly, the arbitration appeals are dismissed. In view of the
dismissal of the arbitration appeals, all pending civil applications are also
disposed of.
( ARUN R. PEDNEKER, J. )
ssc/-
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