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Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case

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The first Award was passed on 15.7.2017 in respect of Deolai village lands at Rs.7966/- sq.mt.  The possession was taken in 2016.

The second Award for the same lands, was passed on 28.7.2017 giving different rates of compensation for three different categories.   The amounts were paid as per the second award.  However, the first was not repudiated or cancelled.

The High Court had set-aside the second award by the order dated 26.8.2021, being without jurisdiction.

On 24.1.2022, the NHAI invoked arbitration under Section 3G(5) of the NH Act, 1956, challenging the first award.  This was dismissed on 19.1.2024.  Section 34 petition of NHAI was also dismissed on 15.11.2025.

However, NHAI did not produce the documents in support of the affidavit in evidence for more than two years.  The documents were submitted on 22.1.2024 after the arbitral award was passed on 19.1.2024.

Judgment dated 7.4.2026 of the High Court of Bombay in Arbitration Appeal No.113 of 2025 of National Highways Authority of India  Vs.  Digambar HIwale and another with connected appeals.

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