Bombay High Court

National Highways Authority Of India Through Its Project DirectorversusRajashree Anil Tandale And Others

Disposal: DISPOSED OFF

Holding

Arbitration Appeal No. 76 of 2025 is dismissed as the controversy was already decided in Arbitration Appeal No. 72 of 2025.

Summary

The National Highways Authority of India (NHAI) filed Arbitration Appeal No. 76 of 2025 challenging a land‑acquisition dispute involving three private respondents and the Competent Authority of the Jayakwadi Project. The appellant argued that the matter was distinct from earlier proceedings, but the Court observed that the controversy had already been addressed in Arbitration Appeal No. 72 of 2025, which was dismissed on 29 April 2026. Consequently, the Court held that the present appeal was barred and dismissed it, also disposing of the pending application. The Court affirmed the earlier judgment dated 15 July 2025 of the Principal District Judge, Beed. It directed the parties to appear before the appointed arbitrator on 28 September 2026, with a decision to be rendered by 31 March 2027, and ordered the appellant to pay the deficit court fees by 30 September 2026.

Issues considered

What is the effect of the earlier dismissal in Arbitration Appeal No. 72 of 2025 on the maintainability of Arbitration Appeal No. 76 of 2025?
Whether the appellant is required to pay the deficit court fees as ordered by the Court?

Subjects

Arbitration
Appeal
Land Acquisition
Court Fees
Procedural Order
NHAI

Judgment

2026:BHC-AUG:41445


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                         17 ARBITRATION APPEAL NO. 76 OF 2025


                          National Highways Authority of India
                          Through it’s Project Director
                          Project Implementation Unit, Aurangabad
                          Having office at 2nd Floor, Jal-bhavan,
                          Administrative Building, Vedant Nagar,
                          Near Deogiri College,
                          Chhatrapati Sambhajinagar – 431 005.

                                                               … Appellant

                                        … Versus …

                     1    Rajashree Anil Tandale,
                          Age 54 yrs., Occ. Agri.,
                          R/o Anand Nagar, Canal Road,
                          Beed, Tq. & Dist. Beed.

                     2    Shivraj Khiraji Pakhare,
                          Age 36 yrs., Occ. Agri.,
                          R/o Anand Nagar, Canal Road,
                          Beed, Tq. & Dist. Beed.

                     3    Ravindra Shamrao Nagargoje,
                          Age 52 yrs., Occ. Agri.,
                          R/o Anand Nagar, Canal Road,
                          Beed, Tq. & Dist. Beed.

                     4    The Competent Authority Land Acquisition
                          and Dy. Collector, Jayakwadi Project, Beed,
                          Dist. Beed.

                                                               … Respondents

                                             ...

                         Mr. M.D. Narwadkar, Advocate for appellant
                                          2                             17_ARBA_76_2025



               Mr. C.K. Shinde, Advocate for respondent Nos.1 to 3
                  Mr. R.D. Sanap, Advocate for respondent No.4
                                          ...

                                         WITH
            CIVIL APPLICATION NO. 12392 OF 2025 IN ARBA/76/2025
                                          ...

                                          CORAM :       ROHIT W. JOSHI, J.
                                          DATE :        07th SEPTEMBER, 2026


ORDER :



.              Learned Advocate for the appellant states that the controversy in

the present Arbitration Appeal is covered by order dated 29.04.2026 passed

by this Court in Arbitration Appeal No.72 of 2025 and other connected

appeals.     The said appeals were dismissed.           In view of the aforesaid,

Arbitration Appeal stands dismissed.            Pending application also stands

disposed of.


2              Judgment and order dated 15.07.2025 passed by learned

Principal     District   Judge,   Beed    in    Civil   Miscellaneous   Application

No.338/2023 is maintained.


3              Parties shall appear before the Arbitrator on 28.09.2026.
                                       3                            17_ARBA_76_2025



4             Parties to note that separate notice will not be issued for

appearance.


5             The Arbitrator is directed to decide the proceeding as early as

possible and preferably before 31.03.2027.


6             Appellant to pay the deficit Court fees before 30.09.2026.




                                                   ( ROHIT W. JOSHI, J. )




agd

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