Bombay High Court

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) THR. THE PROJECT DIRECTOR KESHAV V. GHODKEversusHEMLATA PRABHAKAR KULKARNI AND ORS.

Disposal: Disposed Off
Bench: SHAILESH P BRAHME

Holding

The High Court disposed of the writ petitions and ordered the district judge to expeditiously determine the pending Section 34 arbitration matters within four months, taking into account the status of criminal and disciplinary actions against the arbitrator.

Summary

The National Highways Authority of India (NHAI) filed a series of writ petitions challenging a district judge's order that required it to deposit 50% of the enhanced compensation awarded to landowners after an arbitration award. The land had been acquired under awards dated August 2019, and the compensation was enhanced by an arbitrator's award on 6 February 2023. The petitioners argued that the enhanced amount had already been partially deposited and that the arbitrator, who is now facing criminal proceedings, should not affect the pending applications before the district court. The respondents sought withdrawal of the deposited enhanced amount and raised concerns about the arbitrator's conduct. The High Court, noting the pending criminal and disciplinary actions against the arbitrator, disposed of the writ petitions and directed the district judge to conclude the Section 34 arbitration proceedings within four months, considering the respondents' reports and applications.

Issues considered

Whether the district judge's direction to deposit 50% of the enhanced compensation is legally valid.
Whether Section 34 of the Arbitration and Conciliation Act, 1996, applies to the petitioners' challenge.
Effect of criminal and disciplinary proceedings against the arbitrator on the pending compensation enhancement.
Whether the petitioner is obliged to deposit the remaining enhanced compensation pending the district court's decision.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 34

Subjects

Arbitration
Section 34
Compensation enhancement
Land acquisition
NHAI
Writ petition
Criminal proceedings against arbitrator
District court

Judgment

2026:BHC-KOL:5279




                                      1                      44 to 63 wp 13134.25

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION

                           44 WRIT PETITION NO. 13134 OF 2025

                      The National Highways Authority
                      of India (NHAI) Through The
                      Project Director Keshav V. Ghodke     .. Petitioner
                            Versus
                      Hanmant Yashwantrao Kolekar
                      and others                            ..   Respondents

                                         AND
                           45 WRIT PETITION NO. 13135 OF 2025

                      The National Highways Authority
                      of India (NHAI) Through The
                      Project Director Keshav V. Ghodke     .. Petitioner
                            Versus
                      Sarjerao Madhev Kale and others       ..   Respondents

                                         AND
                           46 WRIT PETITION NO. 13136 OF 2025

                      The National Highways Authority
                      of India (NHAI) Through The
                      Project Director Keshav V. Ghodke     .. Petitioner
                           Versus
                      Shrikant Malhari Mhaske and others    ..   Respondents

                                         AND
                           47 WRIT PETITION NO. 13137 OF 2025

                      The National Highways Authority
                      of India (NHAI) Through The
                      Project Director Keshav V. Ghodke     .. Petitioner
                          Versus
                      Hemlata Prabhakar Kulkarni and others ..   Respondents
                2                    44 to 63 wp 13134.25

                   AND
     48 WRIT PETITION NO. 13155 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
      Versus
Ravindra Prabhakar Kulkarni
and others                          ..   Respondents

                   AND
     49 WRIT PETITION NO. 13164 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Uttam Shankar Tele and others       ..   Respondents

                   AND
     50 WRIT PETITION NO. 13165 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
      Versus
Dada Shankar Kolekar,
Since deceased through his L.Rs.
Mangal Dada Kolekar and others      ..   Respondents

                   AND
     51 WRIT PETITION NO. 13166 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Dnyaneshwar D. Waghmode and others ..    Respondents

                   AND
     52 WRIT PETITION NO. 13167 OF 2025
                3                    44 to 63 wp 13134.25


The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
    Versus
Dhanaji Bapu Tele and others        ..   Respondents

                   AND
     53 WRIT PETITION NO. 13168 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Jagannath Namdeo Tele and others    ..   Respondents

                   AND
     54 WRIT PETITION NO. 13169 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
    Versus
Bhagwan Anna Waghmode and others    ..   Respondents

                   AND
     55 WRIT PETITION NO. 13170 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Dnyaneshwar M. Kolekar and others   ..   Respondents

                   AND
     56 WRIT PETITION NO. 13171 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
      Versus
                4                    44 to 63 wp 13134.25

Jagannath K. Waghmode and others    ..   Respondents

                   AND
     57 WRIT PETITION NO. 13172 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
      Versus
Harshvardhan Ramchandra Sid
and others                          ..   Respondents

                   AND
     58 WRIT PETITION NO. 13173 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Navnath Appa Waghmode and others    ..   Respondents

                   AND
     59 WRIT PETITION NO. 13174 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Pramila Bapurao Gujare and others   ..   Respondents

                   AND
     60 WRIT PETITION NO. 13175 OF 2025

The National Highways Authority
of India (NHAI) Through The
Project Director Keshav V. Ghodke   .. Petitioner
     Versus
Navnath Appa Waghmode and others    ..   Respondents

                   AND
     61 WRIT PETITION NO. 13176 OF 2025
                     5                         44 to 63 wp 13134.25


     The National Highways Authority
     of India (NHAI) Through The
     Project Director Keshav V. Ghodke        .. Petitioner
          Versus
     Uttam Shankar Tele and others            ..   Respondents

                        AND
          62 WRIT PETITION NO. 13177 OF 2025

     The National Highways Authority
     of India (NHAI) Through The
     Project Director Keshav V. Ghodke        .. Petitioner
          Versus
     Sanket M. Gandhi and others              ..   Respondents

                        AND
          63 WRIT PETITION NO. 13178 OF 2025

     The National Highways Authority
     of India (NHAI) Through The
     Project Director Keshav V. Ghodke        .. Petitioner
          Versus
     Nana Shankar Tele and others             ..   Respondents


Shri Sandeep S. Koregave, Advocate a/w Shri Siddhart S.
Ambegaonkar, Advocate for the Petitioner in all matters.
Mrs. Priyandra Sontakke, Advocate h/b Shri S. A. Patil, Advocate
for the Respondent No 1 – claimant in all matters.
Shri Y. D. Patil, A.G.P. for the Respondent Nos. 2 and 3 in W. P.
No. 13134/2025, W. P. No. 13135/2025, W. P. No. 13136/2025 and
W. P. No. 13137/2025.
Shri S. P. Kamble, A.G.P. for the Respondent Nos. 2 and 3 in W.
P. No. 13155/2025, W. P. No. 13164/2025, W. P. No. 13165/2025
and W. P. No. 13166/2025.
Shri R. P. Kadam, A.G.P. for the Respondent Nos. 2 and 3 in W.
P. No. 13167/2025, W. P. No. 13168/2025, W. P. No. 13169/2025
and W. P. No. 13170/2025.
Shri J. P. Patil, A.G.P. for the Respondent Nos. 2 and 3 in W. P.
No. 13171/2025, W. P. No. 13172/2025, W. P. No. 13173/2025, W.
                     6                         44 to 63 wp 13134.25

P. No. 13174/2025 and W. P. No. 13175/2025.
Shri S. D. Rayrikar, A.G.P. for the Respondent Nos. 2 and 3 in W.
P. No. 13176/2025, W. P. No. 13177/2025 and W. P. No.
13178/2025.

                 CORAM : SHAILESH P. BRAHME, J.
                  DATE : 07TH JULY, 2026.

FINAL ORDER :


.    Heard both sides.


2.   The petitioner, National Highway Authority of India
(NHAI) has preferred these writ petitions against the order
passed by the District Judge, Malshiras directing it to deposit
50% of the enhanced amount of compensation as awarded by the
arbitrator on 06.02.2023. The learned counsel for the petitioner
has brought some supervening events on record. These petitions
can be disposed of by the common order.


3.   Lands of the respondent No. 1 – claimants stood acquired
by National Highway Authority of India vide common award
passed on 05.08.2019 and additional award dated 14.08.2019.
Being aggrieved by award, the claimants had preferred matters
before the arbitrator for enhancement. The enhancement was
granted by common award dated 06.02.2023.


4.   The compensation awarded by Competent Authority Land
Acquisition (CALA) was disbursed to the claimants.            The
controversy remains to be of enhancement of the compensation.
                      7                         44 to 63 wp 13134.25



5.    Both the parties have approached the District Judge,
Malshiras U/Sec. 34 of the Arbitration and Conciliation Act (for
the sake of brevity and convenience hereinafter referred as to the
‘Act’). Their applications are pending. The claimants had filed
applications soliciting directions for depositing enhanced amount
of compensation.    By impugned order, learned District Judge
directed the petitioner to deposit 50% of the enhanced
compensation amount.


6.    Learned counsel for the petitioner submits that 50% of the
enhanced compensation has also been deposited.          He would
submit that the proceedings pending before the District Court be
expedited.   My attention is adverted to the first information
report lodged against the erring officer that is Additional
Divisional Commissioner on 08.06.2023.


7.    Learned counsel appearing for the respondent No. 1 –
claimant in all matters submits that they have preferred
applications seeking withdrawal of the enhanced amount of
compensation deposited by the petitioner, which are pending for
the consideration before the District Court.


8.    The petitioner has serious grievance for the compensation
awarded by the Additional Divisional Commissioner, who was
arbitrator. The criminal action is initiated against him. This
Court made a query to the learned A. G. P. to know as to whether
                       8                             44 to 63 wp 13134.25

any disciplinary action is initiated against erring officer.
Initiation of disciplinary action and its conclusion has bearing
over the merits of the matters. This aspect can be gone into by
the District Judge at the time of hearing of applications.


9.    The learned A. G. P. representing the respondent Nos. 2
and 3 or his counter part shall apprise the District Judge,
Malshiras regarding the status of the criminal action and the
disciplinary   proceedings     initiated   against    the   Additional
Divisional Commissioner – Arbitrator within a period of four (04)
weeks from today.


10.   As the claimants are awaiting disbursement of further
amount, there is exigency in the matters. Simultaneously the
challenge raised by the petitioner before the District Judge
U/Sec. 34 of the Act has to be dealt with objectively. In that view
of the matter, I pass following order.


                             ORDER

A.    The writ petitions are disposed of.


B.    The District Judge – 1, Malshiras, Dist. Solapur, who is
ceased of proceedings U/Sec. 34 of the Act shall expeditiously
conclude those proceedings on its own merits within a period of
four (04) months from today.


C.    Learned Judge shall take into account the report
                     9                          44 to 63 wp 13134.25

submitted by the respondent Nos. 2 and 3 as referred above.


D.    It shall be open for the learned Judge to consider the
applications submitted by the respondent No. 1 – claimants for
disbursement of the amount on its own merits.



                            [ SHAILESH P. BRAHME J. ]


bsb/July 26

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