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Bombay High CourtARBA/87/2025disposed off

Shantabai D/O Rajaram Landge v. Project Director National High Authority Of India And Another

2026-04-08Hon'Ble Shri Justice Arun R. Pedneker2 pages

2026:BHC-AUG:14944

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 909 ARBITRATION APPEAL NO. 87 OF 2025 Shantabai D/o Rajaram Landge

VERSUS

Project Director National High Authority Of India And Another ...

Advocate for Appellant : Mr. Atul B Hawale Advocate for Respondent No.1 : Mr. Narwadkar Mrigesh D. Advocate for Respondent No.2 : Mr. Sarvadnya Rohit S. ...

CORAM : ARUN R. PEDNEKER, J.

Dated : April 08, 2026 PER COURT :

1.

Heard.

2.

The learned Counsel for the Appellant submits that the present appeal is covered by the order passed by this Court on 17/03/2026 in Arbitration Appeal No. 86 of 2025, wherein the matter was remanded back to the learned Arbitrator. He further submits that the notification is common, and the order passed by the District Court under Section 34 is also a common order, as in Arbitration Appeal No. 86 of 2025. 3.

Considering the aforesaid, it is submitted that the order dated 17/03/2026 passed in Arbitration Appeal No. 86 of 2025 would also govern the present Arbitration Appeal.

4.

In view of the above, the impugned judgment and order passed by the learned Principal District Judge, Beed dated 14/06/2024 and the award dated 26/05/2023 passed by the Arbitrator are quashed and set aside. Appointment Page 1 of

909 Arb Appeal 87-2025 of arbitrator under the National Highways Act is exclusive jurisdiction of the Central Government under Section 3G(5) of the National Highways Act. The impugned Arbitral Award being set aside, has to be again referred to the arbitrator appointed by the Central Government under Section 3G(5) of the National Highways Act. Considering this, I deem it appropriate to directly refer the matter before arbitrator appointed by the Central Government. The arbitration proceedings are remitted before the Arbitrator i.e. Collector (Beed) for deciding the amount of compensation afresh by considering the awards passed of similarly placed lands. The appeal is disposed of accordingly ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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