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Land acquisition, National Highways Act, arbitration appeal, compensation, market value, severance, easementary rights, post-notification sale deed, Arbitration and Conciliation Act
01 Apr, 2026
Listen in 01:05 mins | Read in 34:30 mins
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National Highways Authority Of India PIU Jalgaon Through Its Project Director Shivaji V Pawar Vs. Ganesh Nivrutti Varade and others
As per case facts, NHAI acquired land for widening National Highway 6. The Competent Authority awarded compensation, but the claimants sought enhanced compensation. The Arbitrator granted enhanced compensation using a
...post-notification sale deed and included amounts for severance and easementary rights. This award was confirmed by the District Judge, leading to the present appeal. The question arose whether the Arbitrator illegally relied on a post-notification sale deed, compared dissimilar properties, or granted compensation without sufficient evidence. Finally, the High Court held that post-notification sale deeds could be considered if genuine and proximate. It found no patent illegality or perversity in the Arbitrator's award regarding compensation for land, severance, or easementary rights, emphasizing its limited appellate jurisdiction to re-appreciate evidence.
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