MRS.SUPRIYA RAJU MEHTA vs NATIONAL HIGHWAY AUTHORITY OF INDIA REP. BY ITS EXECUTIVE ENGINEER, RATNAGIRI AND ORS.

Judgment text excerpt

16-IA-2609-2021 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by PURTI PURTI PRASAD PRASAD PARAB CIVIL APPELLATE JURISDICTION PARAB Date: 2025.07.15 15:36:30 +0530 INTERIM APPLICATION NO. 2609 OF 2021 IN ARBITRATION APPEAL NO. 20 OF 2022 Supriya Raju Mehta Age : 55 Years, Occ.: Clerk R/o. House No. 216, Pavshi Bhorbhat, Taluka : Kudal, District : Sindhudurg. …Applicant/Appellant Versus 1. National Highway Authority of India Rep. By its Executive Engineer National Highway Division, Opp. Collector Office, Ratnagiri – 413 004. 2. Sub Divisional Officer cum Competent Authority of Land Acquisition, Kudal, District : Sindhudurg. 3. District Magistrate cum Arbitrator Sindhudurg Collector Campus, District : Sindhudurg. …Respondents Mr. Rameshwar N. Gite a/w Mr. Sushant N. Tare and Ms. Pratiksha Shelke for the Applicant/Appellant. None for the Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JULY 10, 2025 Oral Judgment: Context and Factual Background: 1. This an Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), challenging an order dated March 30, 2021 (“Impugned Order”) passed by the Learned District Court, Page 1 of 9 July 10, 2025 16-IA-2609-2021 copy.docx Sindhudurg, setting aside an arbitral award dated March 20, 2018 (“Arbitral Award”) passed pursuant to arbitral proceedings conducted under Section 3G(5) of the National Highways Act, 1956 (“ Highways Act”). 2. The Petitioner’s land admeasuring 0.020 Ares had been acquired by the National Highways Authority of India (“ NHAI”) for the Mumbai-Goa Highway. The Learned District Court entertained a challenge under Section 34 of the Arbitration Act filed by NHAI, filed over two years after the passing of the Arbitral Award. The delay in filing the challeng