Dhondu Sampat Jadhav v. The Union Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL (ST) NO. 22121 OF 2023 Sumanbai Shantaram Bachchav ...Appellant

Versus

Arbitrator And Additional Commissioner National Highway Authority of India & Ors.

...Respondents

WITH ARBITRATION APPEAL NO.13 OF 2024 WITH ARBITRATION APPEAL NO.12 OF 2024 WITH ARBITRATION APPEAL NO.31 OF 2024 WITH ARBITRATION APPEAL NO.22 OF 2024 WITH ARBITRATION APPEAL NO.26 OF 2024 WITH ARBITRATION APPEAL NO.25 OF 2024 WITH ARBITRATION APPEAL NO.28 OF 2024 WITH ARBITRATION APPEAL NO.27 OF 2024 WITH ARBITRATION APPEAL NO.7 OF 2024 WITH ARBITRATION APPEAL NO.20 OF 2024 WITH ARBITRATION APPEAL NO.32 OF 2024 WITH ARBITRATION APPEAL NO.24 OF 2024 WITH ARBITRATION APPEAL NO.21 OF 2024 WITH ARBITRATION APPEAL NO.30 OF 2024 WITH REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.04.16 10:46:01 +0530

ARBITRATION APPEAL NO.10 OF 2024 WITH ARBITRATION APPEAL NO.23 OF 2024 WITH ARBITRATION APPEAL NO.33 OF 2024 WITH ARBITRATION APPEAL NO.35 OF 2024 WITH ARBITRATION APPEAL NO.16 OF 2024 WITH ARBITRATION APPEAL NO.17 OF 2024 WITH ARBITRATION APPEAL NO.8 OF 2024 WITH ARBITRATION APPEAL NO.11 OF 2024 WITH ARBITRATION APPEAL NO.34 OF 2024 WITH ARBITRATION APPEAL NO.19 OF 2024 WITH ARBITRATION APPEAL NO.18 OF 2024 WITH ARBITRATION APPEAL NO.15 OF 2024 WITH ARBITRATION APPEAL (ST) NO.22126 OF 2023 WITH ARBITRATION APPEAL (ST) NO.22128 OF 2023 WITH ARBITRATION APPEAL NO.29 OF 2024 Mr. Vivek M. Punjabi a/w. Priyansh Jain & Parichehr Zaiwala, Advocates for Appellant in ARTST/22121/2023. Ms. Siddhi Kothari a/w Sagar Ladda for the Respondent (through V.C.) in ARA/12/2024.

Ms. Shilpa G. Talhar, AGP, for the State.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 03, 2025 PC :

1.

The short issue that arises for consideration in this bunch of Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 ("the Act") is two-fold. First, whether correcting the computation of compensation amount for land acquired for purposes of National Highways to include solatium would constitute modification of the arbitral award and thereby whether it would be permissible under the Act. The second issue is which vintage of land acquisition law would apply to each specific acquisition proceedings. 2.

Based on the nature of the issues involved and bearing in mind the scope of jurisdiction under Section 37 of the Act, Learned Counsel have graciously agreed that the Appellant shall take not more than 20 minutes and the Respondents shall take no longer than 20 minutes for verbal arguments in the matter.

3.

Towards this end, the parties shall file a short Note on Submissions, not exceeding seven pages, along with page and case law references, setting out the manner in which the points canvassed by them ought to be accepted by this Court. 4.

It is made clear that the time commitments made above shall bind the parties, and such time shall be utilized at the discretion of the Counsel for verbalizing the pivotal submissions, resting assured that the rest of their contentions from their Note on Submissions, would be dealt with by the Court.

5.

With the aforesaid commitments, stand over to April 30, 2025, "For Final Hearing and Disposal"

on the "Supplementary Board".

6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.04.16 10:44:34 +0530