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Bombay High CourtCA/9155/2025disposed off

National Highways Authority Of India Piu Jalgaon Thru. Project Director Shivaji V. Pawar v. Laxman Dipchand Javare (Died) Through Lrs. Sugantatai Laxman Javare And Others

2025-08-22Hon'Ble Shri Justice Arun R. Pedneker4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 7292 OF 2025 IN ARBAST/9111/2025 WITH CIVIL APPLICATION NO. 7293 OF 2025 IN ARBAST/9111/2025 National Highways Authority Of India Piu, Jalgaon Through Project Director Shivaji V Pawar Jankiram Fatru Dhayde And Another 921 CIVIL APPLICATION NO. 7294 OF 2025 IN ARBAST/9086/2025 WITH CIVIL APPLICATION NO. 7297 OF 2025 IN ARBAST/9086/2025 National Highway Authority Of India, Piu, Jalgaon Through Its Project Director Shivaji V Pawar Ganesh Sonu Koli And Another 922 CIVIL APPLICATION NO. 9139 OF 2025 IN ARBAST/18400/2025 WITH CIVIL APPLICATION NO. 9140 OF 2025 IN ARBAST/18400/2025 Sanjay Narayan Patil And Anothe 923 CIVIL APPLICATION NO. 9141 OF 2025 IN ARBAST/17491/2025 WITH CIVIL APPLICATION NO. 9142 OF 2025 IN ARBAST/17491/2025 National Highways Authority Of India, Piu, Jalgaon, Through Ist Project Director Shivaji V Pawar Pandurang Shama Dutte And Another

924 CIVIL APPLICATION NO. 9143 OF 2025 IN ARBAST/17498/2025 WITH CIVIL APPLICATION NO. 9144 OF 2025 IN ARBAST/17498/2025 National Highways Authority Of India, Piu, Jalgaon, Through Its, Project Director Shivaji V Pawar Rajendra Keshav Dutte And Another 925 CIVIL APPLICATION NO. 9145 OF 2025 IN ARBAST/18307/2025 WITH CIVIL APPLICATION NO. 9146 OF 2025 IN ARBAST/18307/2025 Narayan Baliram Dhayade And Anr.

926 CIVIL APPLICATION NO. 9147 OF 2025 IN ARBAST/18285/2025 WITH CIVIL APPLICATION NO. 9148 OF 2025 IN ARBAST/18285/2025 Tukaram Shankar Aage 927 CIVIL APPLICATION NO. 9149 OF 2025 IN ARBAST/18418/2025 WITH CIVIL APPLICATION NO. 9150 OF 2025 IN ARBAST/18418/2025 Kaminibai Ramesh Dutte And Anothers

928 CIVIL APPLICATION NO. 9151 OF 2025 IN ARBAST/18292/2025 WITH CIVIL APPLICATION NO. 9152 OF 2025 IN ARBAST/18292/2025 Shankar Ganpat Ingale And Another 929 CIVIL APPLICATION NO. 9153 OF 2025 IN ARBAST/17888/2025 WITH CIVIL APPLICATION NO. 9154 OF 2025 IN ARBAST/17888/2025 National Highways Authority Of India Thr Its Project Director Shivaji V Pawar Jalgaon Ushabai Jankiram Dhayde And Another 930 CIVIL APPLICATION NO. 9155 OF 2025 IN ARBAST/18415/2025 WITH CIVIL APPLICATION NO. 9156 OF 2025 IN ARBAST/18415/2025 National Highways Authority Of India Piu Jalgaon Thru. Project Director Shivaji V. Pawar Laxman Dipchand Javare (died) Through Lrs. Sugantatai Laxman Javare And Others 931 CIVIL APPLICATION NO. 9157 OF 2025 IN ARBAST/16555/2025 WITH CIVIL APPLICATION NO. 9158 OF 2025 IN ARBAST/16555/2025 Chandrakant Govinda Dutte And Another ...

Advocate for Applicant : Mr. Manorkar Deepak Suresh Advocate for Respondent No.2 : Mr. R.B. Bhosle

...

CORAM :

ROHIT W. JOSHI, J.

DATE :

22nd AUGUST, 2025 P.C.:

In Delay Applications :

1.

Issue notice to private respondents, returnable on 29.09.2025. Advocate Mr. R.B. Bhosle waives notice for respondent no.2. 2.

Applicant is permitted to serve private respondents by R.P.A.D. in addition to regular mode of service.

In Stay Applications :

1.

Learned advocate for applicant/appellant contends that ignoring sale deeds from the village in which the subject lands are situated, which were considered by Land Acquisition Officer (CALA), the learned Arbitrator has concluded compensation on basis of sale deeds pertaining to another village which is located at a distance of 5 kms and further that the said sale exemplars are post Section 3 notifications and on that basis compensation is enhanced from 486 per sq. meter to 2600 per sq. meter.

2.

In that view of the matter, subject to condition that the appellant deposits 50% of amount of compensation along with accrued interest, on or before 15.10.2025, the execution of the impugned award passed by learned Arbitrator shall stand stayed.

[ROHIT W. JOSHI J.]