Bombay High Court
National Highways Authority Of India through its Project Director Shivaji V. PawarversusVilas Narayn Sarode and Another
- Disposal
- DISPOSED OFF
Holding
The execution of the arbitral award is stayed until the appeal is finally disposed, and the appellant may withdraw the deposited excess compensation.
Summary
The National Highways Authority of India (NHAI), through its Project Director, deposited an amount equal to 50% of the excess compensation as determined by an arbitrator in a land acquisition dispute. The court, by order dated 06.03.2026, allowed the landowner respondents to withdraw this deposited amount. Consequently, the court stayed the execution of the arbitral award pending the final disposal of the appeal. No further substantive hearing was recorded, and the civil application was subsequently disposed. The judgment essentially upheld the stay and permitted the withdrawal of the excess compensation.
Issues considered
- Whether the appellant (NHAI) may withdraw the 50% excess compensation deposited with the court
- Whether the execution of the arbitral award should be stayed pending appeal
Subjects
- Compensation
- Arbitration award
- Stay of execution
- NHAI
- Land acquisition
- Civil application
Judgment
2026:BHC-AUG:38760
1 936-ca-12086-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 12086 OF 2024
IN ARBA/25/2024
National Highways Authority Of India Thru. Its Project Director Shivaji
V. Pawar
VERSUS
Vilas Narayan Sarode And Another
...
Advocate for Applicant : Mr. Deshbhushan Madkar h/f Mr. Manorkar
Deepak Suresh
Advocate for Respondent No.1 : Mr. K.M. Salve h/f Mr. K.M. More
Advocate for Respondent No.2 : Mr. N.U. Yadav
...
CORAM : ROHIT W. JOSHI, J.
DATED : AUGUST 27, 2026
P.C.:
1. Pursuant to order dated 12.11.2024, the appellant has
deposited 50% excess amount of compensation determined by the
Arbitrator. Vide subsequent order dated 06.03.2026, the
respondent/land owner is permitted to withdraw the said 50% amount
deposited by the appellant with this Court.
2. In view of the above, execution of the impugned award shall
remain stayed till final disposal of the appeal.
3. Civil Application stands disposed of.
[ROHIT W. JOSHI J.]
Mujaheed//
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