Bombay High Court
Dayanand @ Jaiprakash S/O. ... vs The Secretary To The Govt. Of ... on 6 January, 2023
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6822/2022
Dayanand @ Jaiprakash s/o Baliram Sahajramani Vs. The Secretary to the
Government of India and others
WITH
WRIT PETITION NO.6829/2022
Late Shri Bhupinder Singh Arneja Vs. The Secretary to the Government of India and
others
WRIT PETITION No.6833/2022
Baliram Girdharilal Sahajramani Vs. The Secretary to the Government of India and
others
WITH
WRIT PETITION NO.6837/2022
Karnal Singh Gurudas Singh Saini Vs. The Secretary to the Government of India and
others
WITH
WRIT PETITION NO.6839/2022
Chandrashekhar Kashinath Shiralkar Vs. The Secretary to the Government of India
and others
WITH
WRIT PETITION NO. 6847/2022
Yash Travels and Tours Pvt. Ltd. Vs. The Secretary to the Government of India and
others
WITH
WRIT PETITION NO.6850/2022
M/s Omanand Industries, Nagpur Vs. The Secretary to the Government of India and
others
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. S.P. Bhandarkar, Advocate for petitioner
Ms. T.H. Khan, AGP for respondent in WP No.6822/22 & 6837/22
Ms. M.A. Barabde, AGP for respondent in WP No.6829/22, 6839/22 &
6850/22
Mr. N.R. Patil, AGP for Respondent in WP No. 6833/22, 6847/2022
CORAM: AVINASH G. GHAROTE, J.
DATED : 6th JANUARY, 2023
Mr. Bhandarkar, learned counsel for the
petitioner contends that the lands of the petitioner
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were acquired by the National Highway and an
award was passed on 23.11.2011 (page 52) by the
Special Land Acquisition Officer. Being aggrieved by
which proceedings under Section 3(G)(5) of the
National Highways Act was preferred before the
Arbitrator (Additional Commissioner), who by the
Award dated 6.9.2013 (page 142) had set aside the
award (page 173). Against which an application
under Section 34 under Arbitration and Conciliation
Act was filed before the learned District Judge, who
by the order dated 28.8.2015 (page 249) had
allowed the application and set aside the award by
the Arbitrator and restored the award of the Land
Acquisition Officer. An appeal under Section 37 of
the Arbitration and Conciliation Act to this Court
being Arbitration Appeal No.9/2015 came to be
allowed by the judgment dated 26.11.2021 (page
364), Special Leave Petition against which has been
dismissed on 11.7.2022 (page 368).
2. Mr. Bhandarkar, learned counsel for the
petitioner contends that under Section 34 of the
Arbitration and Conciliation Act, the learned District
Judge did not have any power to modify the award
passed by the Arbitrator, and therefore, the plea of
the petitioner seeking enhancement of the
compensation could not be considered by him. He
submits that such a position leaves the petitioner
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remediless, in case they want an enhancement of the
compensation under Section 34 of the Arbitration
and Conciliation Act. He further submits that under
Section 3(G)(5) of the National Highways Act, a
finality has been given to the award which may be
passed by the Arbitrator and the proceedings only
are governed by the Arbitration and Conciliation Act
and since the application under Section 34 of the
Arbitration and Conciliation Act does not contain a
power to modify the award, finality is rendered to
the award of the arbitrator, again leaving the
petitioner who seeks enhancement remediless.
3. In order to buttress his submissions, he
seeks to place reliance upon certain judgments. List
all the matters on 13/01/2023.
JUDGE
MP Deshpande
Digitally signed by:MILIND
P DESHPANDE
Signing Date:07.01.2023
14:31
