Supreme Court - Daily Orders
The Project Director National Highways ... vs Saraswatibai Chandrakant Shinde on 1 August, 2022
Bench: Surya Kant, Abhay S. Oka
1
ITEM NO.9 COURT NO.14 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12409/2022
(Arising out of impugned final judgment and order dated 28-04-2022
in WP No. 13863/2021 passed by the High Court Of Judicature At
Bombay At Aurangabad)
THE PROJECT DIRECTOR NATIONAL Petitioner(s)
HIGHWAYS AUTHORITY OF INDIA
VERSUS
SARASWATIBAI CHANDRAKANT SHINDE & ORS. Respondent(s)
(FOR ADMISSION and I.R. )
Date : 01-08-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Ms. Aishwarya Bhati, ASG
Ms. Neetica Sharma, Adv.
Mr. T.S. Sidhu, Adv.
Mr. Rishabh Dua, Adv.
Ms. Shivika Mehra, Adv.
Ms. Ameya Mahadik, Adv.
M/S. M. V. Kini & Associates, AOR
For Respondent(s) Mr. Ravindra Keshavrao Adsure, AOR
Mr. Ajit Babanrao Kale, Adv.
Ms. Sakshi Ajit Kale, Adv.
Mr. Yash Prashant Sonavane, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Ms. Aishwarya Bhati, learned ASG appearing on behalf of the Petitioner and Mr. Ravindra Keshavrao Adsure, learned counsel Signature Not Verified who has appeared on caveat on behalf of the Respondent No.1. Digitally signed by DEEPAK SINGH Date: 2022.08.02 15:21:33 IST Reason:
The controversy pertains to the non-deposit of compensation amount awarded for the land, which the Petitioner-National Highways 2 Authority of India (NHAI) had acquired and taken possession way back in the year 2016.
It appears that, being aggrieved by the Arbitral Award passed by the Ld. Arbitrator cum Commissioner, the NHAI has filed petitions under Section 34 of the Arbitration and Conciliation Act, 1996, which are still pending without any interim stay.
Meanwhile, the land owners have filed Execution Petitions but no amount has been deposited with the Executing Court.
It is in these circumstances, that the High Court has intervened vide its impugned Order dated 28.04.2022, directing the NHAI to deposit the amount as per the Arbitrator’s Award before the Executing Court on or before 30.06.2022.
Having heard learned counsel for the parties, we deem it appropriate to dispose of the present proceedings with the following directions:
i. The NHAI shall deposit 50 per cent of the compensation amount, as awarded by the Arbitral Court, with the Executing Court within a period of four weeks. The said amount shall be released to the land owners unconditionally. ii. The learned District Court, before whom the proceedings under Section-34 of the Arbitration Act are pending, shall make an endeavour to decide such proceedings within a period of six months.
iii. The balance amount of compensation as per the Award to be passed under Section 34 of the Arbitration Act, shall be deposited by the NHAI with the Executing Court within four 3 weeks after such determination. The said amount shall also be released by the Executing Court in favour of the landowners subject to the rights and remedies available, to the parties in law.
With these observations and directions, the Special Leave Petition is disposed of.
The impugned order passed by the High Court of Bombay dated 28.04.2022 stands modified in above terms.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT BRANCH OFFICER