Bombay High Court
Varsha Vasantrao Hauzwala and AnotherversusNational Highway Authority of India Through Project Director Amrish M. Mankar and Anr.
- Disposal
- APPLICATION ALLOWED
Holding
The court upheld the validity of the will, ordered the heirs to be joined as non‑applicants, and directed the compensation to be distributed as half to Varsha and the remaining half equally between Varsha and Vaishali, with interest.
Summary
The land of the late Vasant Ghanshyamdas Haujawala was acquired under the National Highways Act, 1956 and a compensation award was issued. 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. The deceased had executed a will bequeathing the compensation to his wife Varsha and daughter‑in‑law Vaishali, while his son and daughter were Class‑I legal heirs. The court ordered the son and daughter to be joined as non‑applicants and accepted affidavits confirming the validity of the will. Permission was granted to the applicants to withdraw the amount deposited by NHAI, and the court ordered the compensation to be split: half to Varsha and the remaining half to be divided equally between Varsha and Vaishali, with interest as applicable. The application was therefore allowed.
Issues considered
- Whether NHAI could successfully challenge the land acquisition award under Section 34 of the Arbitration and Conciliation Act, 1996.
- Whether the will executed by the deceased is valid and governs the distribution of the compensation.
- Whether the Class‑I legal heirs of the deceased must be joined as parties to the proceedings.
- How the compensation amount should be distributed among the surviving beneficiaries.
Legislation cited
Subjects
- land acquisition
- compensation
- will
- succession
- arbitration
- National Highways Authority of India
- inheritance
- distribution of compensation
Judgment
2026:BHC-AUG:45507
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 CIVIL APPLICATION NO. 8463 OF 2026
IN ARBA/53/2026
VARSHA VASANTRAO HAUZWALA AND ANOTHER
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH PROJECT
DIRECTOR AMRISH M. MANKAR AND ANR.
...
Mr. P.H. Patil, Advocate for applicants
Mr. R.D. Methe, Advocate h/f Mr. S.J. Rahate, Advocate for respondent No.1
Mr. A.D. Kulkarni, 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 late Vasant Ghanshyamdas Haujawala and
his wife Varsha Vasant Haujawala 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 was rejected. Arbitration Appeal No.53 of 2026 is also
dismissed.
2 Vasant Ghanshyamdas Haujawala has expired on 25.01.2016.
2 16_CA_8463_2026
Prior to his sad demise he had executed a Will Deed dated 23.12.2015, inter
alia, bequeathing the amount of compensation for the acquired land in favour
of his wife Varsha and daughter-in-law Vaishali Ashish Haujawala. The
deceased Vasant has left behind a son and daughter apart from his widow as
Class-I heir. Vide order dated 29.08.2026 all Class-I legal heirs of Vasant
were ordered to be joined as non applicants. The newly added non
applicants are Ashish Vasant Haujawala (son) and Vaishali Rathin Das
(daughter). The learned Advocate representing the newly added respondents
/ non applicants tenders across the Bar consenting affidavits dated
19.09.2026 confirming the Will executed by late Vasant Ghanshyamdas
Haujawala. The affidavits are taken on record. Permission is granted to the
applicants to withdraw the amount deposited by respondent / National
Highways Authority of India with this Court. In view of the above, the
application is allowed.
3 Half of the amount of compensation along with interest accrued,
if any, shall be disbursed to Varsha and half of the amount of compensation
payable to late Vasant Ghanshyamdas Haujawala shall be paid in equal
proportion (¼th each) with accrued interest to Varsha and Vaishali.
( ROHIT W. JOSHI, J. )
agd
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