National Highways Auth. Of India, ... vs The Additional Commissioner, ...
2023 Latest Caselaw 197 Bom

                                                                1                                 69-aa-31-19.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                        ARBITRATION APPEAL NO. 31 OF 2019

                 National Highways Authority of India and another
                                      Vs.
                     The Additional Commissioner 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. A.A. Kathane, Advocate for appellants
                                  Mr. S.M. Puranik Advocate for respondent No.3



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 6th JANUARY, 2023

Mr. Kathane, learned counsel for the appellants submits, that the appeal would be covered by the judgment of the Hon'ble Apex Court in The Project Director, National Highways No.45 E And 220 National Highways Authority of India vs. M. Hakeem & Anr. reported in 2021(9) SCC 1 (para

31), wherein it has been laid down that the Court under Section 34 of the Arbitration Act cannot be held to have the power to modify an Award. In the instant case, the Arbitrator by the Award dated 19/06/2015 had rejected the claim of the respondent No.3 for enhancement of the compensation awarded by the Land Acquisition Officer by his Award dated 19/12/2011 as against which, the learned District Judge in proceedings 2 69-aa-31-19.odt

under Section 34 of the Act by his judgment dated 12/4/2019 (page 112) has set aside the Award of the Land Acquisition Officer dated 19/12/2011 and that of the Arbitrator dated 19/6/2016 and has directed certain payments as indicated therein as compensation. Mr. Kathane, learned counsel for the appellants contends, that this amount to modification of the award of the Arbitrator which is impermissible in view of the judgment in the case of The Project Director, National Highways No.45 E And 220 National Highways Authority of India vs. M. Hakeem.

2. List the matter on 13/01/2023 to address the Court by Mr. Puranik, learned counsel for the respondent.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:07.01.2023 10:35