Shanabhai Mahjibhai Padariya vs Collector Vadodara And Arbitrator
2026 Latest Caselaw 389 Guj

Gujarat High Court

Shanabhai Mahjibhai Padariya vs Collector Vadodara And Arbitrator on 5 February, 2026

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                         NEUTRAL CITATION




                               C/SCA/1502/2026                            ORDER DATED: 05/02/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 1502 of 2026

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                                             SHANABHAI MAHJIBHAI PADARIYA
                                                        Versus
                                       COLLECTOR VADODARA AND ARBITRATOR & ORS.
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                        Appearance:
                        MR YN RAVANI(718) for the Petitioner(s) No. 1
                        MR SANJAY UDHWANI, AGP for the Respondent(s) No. 1,2
                        MR MAULIK G NANAVATI for NANAVATI & CO.(7105) for the Respondent(s)
                        No. 3
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                           CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                                 SUNITA AGARWAL
                                 and
                                 HONOURABLE MR.JUSTICE D.N.RAY

                                                      Date : 05/02/2026

                                                 ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This is a wholly misconceived petition filed by a landholder, whose land has been acquired under the provisions of the National Highways Act, 1956. It seems that being aggrieved by determination of compensation by the competent authority under Section 3G of the National Highways Act, 1956 the petitioner has invoked the provisions of Section 3G (5) by filing an application dated 04.10.2024 before the statutory Arbitrator, namely, the Collector concerned, notified by the Central Government in accordance with the provisions of Sub- section (5) of Section 3G.

2. It seems that while arbitration proceedings were going on, because of lapse of period of one year from the date of entering into the reference, an application seeking extension

NEUTRAL CITATION

C/SCA/1502/2026 ORDER DATED: 05/02/2026

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of mandate of the learned Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed wherein an order dated 10.09.2025 has been passed by the competent Court extending the mandate of the learned Arbitrator for a period of one year with effect from the date of receipt of the order of the Civil Court by the learned Arbitrator and the date of appearance of the parties before the learned Arbitrator.

3. While the arbitration proceedings are going on, present petition has been filed with the simplicitor prayer to issue direction to learned Arbitrator to complete the process within the tenure of the mandate granted to him by the Civil Court.

4. Considering the above, suffice it to note that on filing of an application under Section 3G (5) in view of Sub-section (6) of Section 3G, the provisions of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration under the National Highways Act, 1956. Section-5 of the Arbitration and Conciliation Act, 1996 mandates that no judicial authority shall intervene in the matters governed by Part-I of the Arbitration and Conciliation Act, 1996, except where so provided in the Part-I itself.

5. There is no provision under Part-I, except Section 29A in the matter of disposal of the arbitration proceedings, where the Court may be involved. Prayers made in the present petition are not within the purview of Section 29A of the Arbitration and Conciliation Act, 1996. There is no other provision in Part-I, which can be invoked for the purposes of

NEUTRAL CITATION

C/SCA/1502/2026 ORDER DATED: 05/02/2026

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prayers made in the present petition. Present petition is accordingly dismissed being misconceived. No order as to costs.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) R.S. MALEK