National Highways Authority of India v. Shri Naresh Hundomal Nagdev

107.25AA(1)IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADARBITRATION APPEAL NO.7 OF 2025 WITH CIVIL APPLICATION NO.1757 OF 2025 IN ARBITRATIONAPPEAL NO.7 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director, NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri Naresh Hundomal Nagdev, Age-Major, Occupation-Agriculturist, R/o. Kumar Nagar, Sakriroad, Dhule Tq. & District : Dhule. 2]Shri. Pahlaj Parasram Kevalani, Age-Major, Occupation-Agriculturist, R/o. As above. 3]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner, Division, Amalner. .. RESPONDENTSWITHARBITRATION APPEAL NO.10 OF 2025 WITH CIVIL APPLICATION NO.1760 OF 2025 IN ARBITRATIONAPPEAL NO.10 OF 2025This order is corrected as per speaking to minutes order dtd.07.05.2026

207.25AA(1)National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director), NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri Pravin Nimba Patil, Age-Major, Occupation-Agriculturist, R/o. Parola, Tq. Parola, District : Jalgaon. 2]Shri. Pralhad Bhika Chaudhari, Age-Major, Occupation-Agriculturist, R/o. As above. 3]Shri. Atul Chotulal Jain, Age-Major, Occupation-Agriculturist, R/o. As above. 4]Shri. Mangesh Dashrath Surulkar, Age-Major, Occupation-Agriculturist, R/o. As above. 5]Shri. Vipulkumar Vijaykumar Jain, Age-Major, Occupation-Agriculturist, R/o. As above. 6]Shrimati Shakuntala Tanhaji Patil, Age-Major, Occupation-Agriculturist, R/o. As above. [Deleted as per Court’s order dtd.07.05.2026]This order is corrected as per speaking to minutes order dtd.07.05.2026

307.25AA(1)7]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner .. RESPONDENTSWITHARBITRATION APPEAL NO.11 OF 2025 WITH CIVIL APPLICATION NO.1763 OF 2025 IN ARBITRATIONAPPEAL NO.11 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director), NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri Rajiv Mohanlal Agrawal, Age-Major, Occupation-Agriculturist, R/o. Dhule, Tq. & Dist. Dhule. 2]Shri. Ashish Subhash Agarwal, Age-Major, Occupation-Agriculturist, R/o. As above.3]Shri Ravindra Uttamrao Wagh, Age-Major, Occupation-Agriculturist, R/o. As above. 4]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner.. RESPONDENTSThis order is corrected as per speaking to minutes order dtd.07.05.2026

407.25AA(1)WITHARBITRATION APPEAL NO.14 OF 2025 WITH CIVIL APPLICATION NO.1768 OF 2025 IN ARBITRATIONAPPEAL NO.14 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director), NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS Dhondu Harchand Bhil (Dead) Through its Lrs.1]Kashinath Dhondu Bhil, Age-45 years, Occu-Agri. R/o. Mondhale Pra A, Tq. Parola, District : Jalgaon.2]Ashok Dhondu Bhil, Age-28 years, Occ.-Agri. R/o. As above. 3]Barku Dhondu Bhil, Age-39 years, Occ.-Agri. R/o. As above. 4]Manglabai Mahadu Bhil, Age-51 years, Occ.-Household, R/o. As above. 5]Nirmalabai Maharu Bhil, This order is corrected as per speaking to minutes order dtd.07.05.2026

507.25AA(1)Age-42 years, Occ.-Household, R/o. As above. 6]Devakabai Dhondu Bhil, Age-63 years, Occ.-Household, R/o. As above. 7]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner. ..RESPONDENTSWITHARBITRATION APPEAL NO.8 OF 2025 WITH CIVIL APPLICATION NO.1758 OF 2025 IN ARBITRATIONAPPEAL NO.8 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director), NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri. Gokul Vitthal Khairnar, Age-Major, Occupation – Agriculturist, R/o. Mondhale Pra A, Tq. Parola, District : Jalgaon. 2]Shri. Dnyaneshwar Vitthal Khairnar, Age-Major, Occupation – Agriculturist, R/o. As above. This order is corrected as per speaking to minutes order dtd.07.05.2026

607.25AA(1)3]Bhikubai Vitthal Khairnar, Age-Major, Occupation – Agriculturist,R/o. As above. 4]Shri. Chandrakant Vitthal Khairnar, Age-Major, Occupation – Agriculturist, R/o. As above. 5]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner. ..RESPONDENTSARBITRATION APPEAL NO.9 OF 2025 WITH CIVIL APPLICATION NO.1759 OF 2025 IN ARBITRATIONAPPEAL NO.9 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director), NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Satish Vitthal Morankar (Died), Through its Lrs. Pratibha Satish Morankar, Age-Major, Occupation-Agriculturist, R/o. Subgavhan Khu, Tq. Parola,District : Jalgaon. 2]Pritesh Satish Morankar, Age-Major, Occupation-Agriculturist, R/o. As above.This order is corrected as per speaking to minutes order dtd.07.05.2026

707.25AA(1)3]Saurabh Satish Morankar, Age-Major, Occupation – Agriculturist, R/o. As above. 4]Vatsalabai Vitthal Morankar, Age-Major, Occupation-Agriculturist, R/o. As above. 5]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner, Division, Amalner. .. RESPONDENTSWITHARBITRATION APPEAL NO.13 OF 2025 WITH CIVIL APPLICATION NO.1767 OF 2025 IN ARBITRATIONAPPEAL NO.13 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director, NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri Sandeep Mansukhlal Shah, Age-Major, Occupation-Agriculturist, R/o. 5, Gandhi Nagar, Parola Road, Tq. Dhule, District : Dhule. 2]Shri. Kishor Motilal Lodha, Age-Major, Occupation-Agriculturist, R/o. As above. This order is corrected as per speaking to minutes order dtd.07.05.2026

807.25AA(1)3]Shri Vasant Uttam Patil, Age-Major, Occupation-Agriculturist, R/o. As above. 4]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner, Division, Amalner. .. RESPONDENTSWITHARBITRATION APPEAL NO.15 OF 2025 WITH CIVIL APPLICATION NO.2318 OF 2025 IN ARBITRATIONAPPEAL NO.15 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director, NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Shri Ramakant Narayan Agrwal, Age-Major, Occupation-Agriculturist, R/o. Lane No.1884, Bhandi Bazar, Tq.Dhule, District : Dhule. 2]Shri. Pravin Bankatlal Agrwal, Age-Major, Occupation-Agriculturist, R/o. As above. 3]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner. .. RESPONDENTSThis order is corrected as per speaking to minutes order dtd.07.05.2026

907.25AA(1)WITHARBITRATION APPEAL NO.12 OF 2025 WITH CIVIL APPLICATION NO.1764 OF 2025 IN ARBITRATIONAPPEAL NO.12 OF 2025National Highways Authority of India, Through its Project Director, Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director, NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Samarth Sahakari Pathpedhi Maryada, Dhule.2]Deepak @ Bindumadhav Avdhoot Kulkarni Age:Major, Occ:Agri, R/o. Saneguruji Colony, Tq. Parola, Dist. Jalgaon. 3]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner. .. RESPONDENTSWITH ARBITRATION APPEAL NO.24 OF 2025 WITH CIVIL APPLICATION NO.2146 OF 2025 IN ARBITRATIONAPPEAL NO.24 OF 2025National Highways Authority of India, Through its Project Director, This order is corrected as per speaking to minutes order dtd.07.05.2026

1007.25AA(1)Shivaji Vasant Pawar Age-Major, Occ-Service as (Project Director, NHAI PIU-Jalgaon. Office Address at – Project Implementation Unit-Jalgaon,Gut No.53, Plot No.17, Bhagirath Colony, Near Shiv Colony Shop, Near SBI NH-6, Jalgaon-425 001. .. APPELLANT VERSUS 1]Nawab Kehbub Khatik, Age-Major, Occupation-Agriculturist, R/o. Parola, Tq. Parola, District : Jalgaon. 2]Competent Authority (Land Acquisition) & Special Land Acquisition Officer, Amalner, Division, Amalner. .. RESPONDENTS…Mr.Satyajeet J. Rahate, Advocate for the appellants in allappeals. Mr.S.W.Munde, Advocate for the respondent-CALA Mr.Mukul Kulkarni, Advocate holding for Mr.D.D.Pande,Advocate for the respondents-claimants. ...CORAM : ARUN R. PEDNEKER, J. Reserved on : 28.04.2026Pronounced on : 04.05.2026 ORDER : 1]By the present Appeals, the appellants arechallenging the orders passed by the District Court,This order is corrected as per speaking to minutes order dtd.07.05.2026

1107.25AA(1)dismissing the application under Section 34 of theArbitration and Conciliation Act, 1996 and maintaining thearbitral award passed by the Arbitrator under Section 3-G(5) of the National Highways Act, 1956. Facts leading to filing the present First Appealsare as under : 2]The lands of the respondents – claimants aresituated at village Sabgavhan Khurd and Mondhale, TalukaParola, District Jalgaon. The notification under Section 3Aof the National Highways Act, 1956 was issued on 11thNovember, 2011 for acquisition of the lands for [widening /four-laning, etc], maintenance, management and operationof National Highway No.6 on the stretch of land from Km.470.500 to Km. 502.800 (Jalgaon – Maharahstra / GujratBorder Section) in District of Jalgaon in the State ofMaharashtra. The lands from 14 villages were acquired bythe common Notification. The Notification under Section 3-D (1) of the National Highways Act, 1956 was issued on 8thNovember, 2012. Compensation for the acquired land wasThis order is corrected as per speaking to minutes order dtd.07.05.2026

1207.25AA(1)determined by the Competent Authority of Land Acquisition[for short ‘CALA’] under Section 3-G (1) of the N.H.Act incase of all 14 villages. Dissatisfied by the award, theclaimants filed application before the Arbitrator underSection 3-G (5) of the National Highways Act, 1956. TheArbitrator passed awards under Section 3-G (5) of theN.H.Act, 1956 and the National Highway Authority hasaccepted awards of 12 villages out of 14 villages. TheNational Highway Authority challenged the awards of onlytwo villages under Section 34 of the Arbitration Act, namely,Sabgavhan Khurd and Mondhale, Taluka Parola, DistrictJalgaon. 3]In the instant case, the Arbitrator has grantedcompensation, as under : ClaimantGat No.Acquired area Rate awarded by CALA Market value determined by ArbitratorRate granted by ArbitratorArbitration Appeal No.Naresh Hundomal Nagdev 89/2 &89/31000170/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/7/2025Pravin Nimba Patil1/2/25500250/- per sq.m.Rs.7104/-per sq.m.Rs.2274/-per sq. m.ABA/10/2025Sandeep MansukhlalShah 1105200170/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/13/2025This order is corrected as per speaking to minutes order dtd.07.05.2026

1307.25AA(1)Satish Vitthal Morankar 6/2600170/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/9/2025Dhondu Harchand Bhil 177/23000250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/14/2025Rajiv Mohanlal Agrawal 112/21279250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/11/2025Gokul Vitthal Khairnar 1/2/1/12200250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/8/2025Ramakant Narayan Agrawal 161710250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/15/2025Samarth Sahakari Patpedhi 187/11360250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/12/2025Nawab Mehbub Khatik 4/21500250/- per Sq.m. Rs.7104/-per sq. m.Rs.2274/-per sq. m.ARBA/24/20254]The learned counsel for the appellantsMr.Rahate submits that in all the matters except in one i.e.Arbitration Appeal No.10/2025, the documents in supportof the affidavits in evidence were not filed. 5]The learned counsel for the appellant inArbitration Appeal No.11/2025 submits that the arbitralaward is of 24th May, 2022 and the affidavit in evidence wasnotarized on 08.06.2022, however, Inward Stamp of theArbitrator office shown endorsement on 05.05.2022. Thus,the learned counsel for the appellant submits that there isThis order is corrected as per speaking to minutes order dtd.07.05.2026

1407.25AA(1)manipulation with regard to the date of inward made inarbitration office and the documents were filed subsequentto the award. 6]As regards Arbitration Appeal No.14/2025 isconcerned, the learned counsel for the appellant submitsthat roznama indicates that the matter was reserved forjudgment on 10.12.2021, however, the affidavit in evidencefiled shows that it is notarized on 08.06.2022 and filed on09.06.2022 and the evidence of valuer is dated 15.06.2022and the evidence was filed after the matter was closed fororders. He also submits that the list of documents is filedwithout the document. The learned counsel further submitsthat the documents were filed after the matter was closedfor judgment and therefore the evidence ought not to havebeen taken into consideration. 7]As regards Arbitration Appeal No.12/2025 isconcerned, the learned counsel for the appellant submitsthat the appeal is filed by the respondent no.2 and therespondent no.2 is not owner of the acquired land. TheThis order is corrected as per speaking to minutes order dtd.07.05.2026

1507.25AA(1)respondent no.1 has not applied under Section 3-G (5) ofthe National Highways Act, 1956 and the award is passedby the Arbitrator in the name of both the persons. Therespondent no.2 has no locus standi to file applicationunder Section 3-G (5) of the National Highways Act. 8]The learned counsel for the appellant reliesupon the judgment in the case of Ssangyong Engineering &Construction Co. Ltd. Vs. National Highways Authority ofIndia (NHAI) in Civil Appeal No.4779 of 2019 [arising outof Special Leave Petition (Civil) No.19033 of 2017]particularly para nos. 35, 36 and 37 and submits that theact of producing the evidence at a later stage and taking thesame into consideration would amount to patent illegalityand the arbitral award is to be set aside. 9]Per contra, the learned counsel Mr.MukulKulkarni instructed by Mr.D.D.Pande, learned counsel forthe respondent – claimants submits that the Notificationissued under Section 3A (1) of the National Highways Act,1956 was common in respect of all 14 villages. Thereafter,This order is corrected as per speaking to minutes order dtd.07.05.2026

1607.25AA(1)the Notification under Section 3D issued on 08.11.2012 wascommon in respect of all 14 villages. He further submitsthat while awarding the compensation in all 14 villages, theArbitrator has relied upon one sale deed of village Mhasvedated 31.12.2010. He further submits that the NationalHighway Authority has accepted the award of 12 villagesout of 14 villages and has granted compensation of 12villages out of 14 villages. The National Highway Authorityhas chosen to challenge the award in respect of two villagesonly. He further submits that while awarding thecompensation in all 14 villages, the Arbitrator hasconsidered documents filed in one matter, as filed in allmatters. 10]Having considered the rival submissions, it isnoted that Section 3A and 3D Notification was in respect of14 villages. Undisputedly, the compensation is granted inrespect of all 14 villages based on the sale dated31.12.2010. The compensation granted by the Arbitrator inrespect of 14 villages are as under : This order is corrected as per speaking to minutes order dtd.07.05.2026

1707.25AA(1)Sr.No.Village NameRate as per ArbitrationAward / Sq.Mt. Year of Arbitration Award Acceptance01.SA.Marath 1906May 2018 02.SA.Turk1906May 2018 03.SA.Hol1906May 2018 04.Ramnagar1906May 2018 05.Sarve Bk.1421March 201706.Babhalenag1421March 201707.Mhasve3500May 201808.Parola3426June 201909.Undirkheda2237Dec 201810.Vichkhede 2298May 201811Karanji 2024June 201812.Mondhale 2024Sept 2022 Pending 13.Dalwel 2089June 201814.Sabgavan 2024Sept 2022 Pending 11]From the above chart, it is seen that exceptvillages, namely, Mondhale and Sabgavan i.e. at SerialNos.12 and 14, the National Highway Authority hasaccepted the awards in respect of all other 12 villages out of14 villages and the compensation is granted in respect of all14 villages based on the sale dated 31.12.2010 of villageMhasve. The Arbitrator has granted compensationThis order is corrected as per speaking to minutes order dtd.07.05.2026

1807.25AA(1)considering the sale deed dated 31.12.2010 @ Rs.6458/-per square meter. The Arbitrator has made deduction to theextent of 33% towards distance from Mhasve village and35% towards size. 12]The Arbitrator has applied Section 3 (G) (7) ofNational Highways Act in determining the value of acquiredland. The Arbitrator has granted similar compensation inrespect of all villages by making appropriate deductionstowards size and distance from the sale instances. TheNational Highway Authority has not challenged the awardsof the remaining 12 villages. The awards in respect of twovillages [involved in present appeal] are identical andsimilar to the award passed by the Arbitrator in respect ofother 12 villages, which are not challenged by the NationalHighway Authority. 13]The Arbitrator has granted compensation basedon the sale deed dated 31.12.2010 and the Arbitrator hasmade sufficient deduction towards distance from villageMhasve and size of land. The application filed under SectionThis order is corrected as per speaking to minutes order dtd.07.05.2026

1907.25AA(1)34 of Arbitration Act, 1994 before the District Court is alsodismissed. As such, I see no error in the award passed bythe Arbitrator and the District Court. Accordingly, theAppeals are dismissed. 14]In view of dismissal of the Arbitration appeals,all pending Civil Applications are also disposed of. [ARUN R. PEDNEKER] JUDGEDDCThis order is corrected as per speaking to minutes order dtd.07.05.2026