Ganga Developers And Godavari Developers (A.O.P.)Through Its Member Jitendra Manohardas Thakker v. Competent Authority Thr.Deputy Collector (La) And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.70 OF 2024 Prashant Vasant Koregaonkar and Ors.

...Appellants

Versus

Competent Authority through Deputy Collector & Anr.

...Respondents

WITH ARBITRATION APPEAL NO.60 OF 2024 WITH ARBITRATION APPEAL NO.65 OF 2024 WITH ARBITRATION APPEAL NO.63 OF 2024 WITH ARBITRATION APPEAL NO.59 OF 2024 WITH ARBITRATION APPEAL NO.61 OF 2024 WITH ARBITRATION APPEAL NO.62 OF 2024 WITH ARBITRATION APPEAL NO.64 OF 2024 Parties were represented, but the appearance has not been given.

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

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 03, 2025 REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.04.16 10:45:58 +0530

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 by including solatium would constitute modification of an arbitral award and thereby, whether it would be permissible under the Act. The second issue that has to be dealt with in each case is which vintage of land acquisition law would apply to each specific acquisition.

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 Petitioner 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 Rekha Patil

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 Patil