Bombay High Court
Shaikh Kalim Shaikh Taru And AnotherversusNational Highway Authority of India Through Project Director Amrish M. Mankar and Anr.
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the applicants, as rightful heirs, are entitled to the amount deposited by NHAI and ordered its equal distribution among them with interest.
Summary
The land of the deceased Shaikh Taru Shaikh Hasan was acquired under the National Highways Act, 1956 and an award was issued by the Competent Authority. The National Highway Authority of India (NHAI) challenged the award via a petition under Section 34 of the Arbitration and Conciliation Act, 1996, but the petition and the subsequent arbitration appeal were dismissed. After the owner's death, his sons (the applicants) filed an application to have the amount deposited by NHAI with the court released to them. The mother and sister of the deceased executed a Relinquishment Deed in favor of the applicants and, after being made parties to the suit, consented that there was no objection to the withdrawal. The court, accepting the relinquishment deed and the consents, ordered that the deposited amount be disbursed equally among the three applicants with any accrued interest.
Issues considered
- Whether the heirs of the original landowner are entitled to the amount deposited by NHAI after the arbitration appeal was dismissed.
- Whether the Relinquishment Deed executed by the mother and sister confers enforceable rights to the applicants.
- Whether the court has jurisdiction to order the disbursement of the deposited amount to the applicants.
Legislation cited
Subjects
- land acquisition
- relinquishment deed
- arbitration appeal
- NHAI
- inheritance
- disbursement of deposited amount
- National Highways Act
- Arbitration and Conciliation Act
Judgment
2026:BHC-AUG:45505
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
13 CIVIL APPLICATION NO. 8460 OF 2026
IN ARBA/121/2025
SHAIKH KALIM SHAIKH TARU AND ANOTHER
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH PROJECT
DIRECTOR AMRISH M. MANKAR AND ANOTHER
...
Mr. P.H. Patil, Advocate for applicants
Mr. R.D. Methe, Advocate h/f Mr. S.J. Rahate, Advocate for respondent No.1
Mr. R.B. Bagul, Senior Panel Counsel for respondent No.2
Mr. C.P. Patil, Advocate for respondent Nos.3 and 4
...
CORAM : ROHIT W. JOSHI, J.
DATE : 28th SEPTEMBER, 2026
ORDER :
. The land owned by Shaikh Taru Shaikh Hasan was acquired
under the provisions of National Highways Act, 1956. Award passed by
Competent Authority Land Acquisition (CALA) was challenged by National
Highways Authority of India by filing a petition under Section 34 of the
Arbitration and Conciliation Act, 1996, which is rejected and appeal arising
out of the said Judgment being Arbitration Appeal No.121/2025 is also
dismissed.
2 13_CA_8460_2026
2 The original land owner Shaikh Taru Shaikh Hasan has expired
on 05.09.2025. Present applicants are his sons and have moved the present
application seeking directions to withdraw the amount deposited by National
Highways Authority of India with this Court. It is stated that mother Abedabi
Taru Shaikh and sister Sajeda Ahemad Sayyed have executed a
Relinquishment Deed (Hakkasod Patra) dated 18.02.2026 in favour of
present applicants. Vide order dated 29.08.2026 the mother and sister were
ordered to be arrayed as party to the present application. Learned Advocate
for newly added respondents (mother and sister) tenders across the Bar
consenting affidavits dated 19.09.2026 by the mother and sister of
applicants, wherein they have confirmed to have executed Relinquishment
Deed (Hakkasod Patra) dated 18.02.2026 in favour of the applicants and
have expressly accorded no objection for permission to withdraw the amount.
In view of the above the application is allowed.
3 Amount deposited by non applicant / National Highways
Authority of India with this Court be disbursed in equal proportion to
applicant Nos.1 to 3 along with accrued interest, if any.
( ROHIT W. JOSHI, J. )
agd
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