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2025 DAILYLAW 3359 (BOM)

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) THR. THE PROJECT DIRECTOR KESHAV V. GHODKE v. HEMLATA PRABHAKAR KULKARNI AND ORS.

WP/13137/2025 · 2026-07-07

Shri Shailesh P Brahme

body2025

Judgment text

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1 44 to 63 wp 13134.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 44 WRIT PETITION NO. 13134 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Hanmant Yashwantrao Kolekar and others .. Respondents AND 45 WRIT PETITION NO. 13135 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Sarjerao Madhev Kale and others .. Respondents AND 46 WRIT PETITION NO. 13136 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Shrikant Malhari Mhaske and others .. Respondents AND 47 WRIT PETITION NO. 13137 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Hemlata Prabhakar Kulkarni and others.. Respondents 2026:BHC-KOL:5279 2 44 to 63 wp 13134.25 AND 48 WRIT PETITION NO. 13155 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Ravindra Prabhakar Kulkarni and others .. Respondents AND 49 WRIT PETITION NO. 13164 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Uttam Shankar Tele and others .. Respondents AND 50 WRIT PETITION NO. 13165 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Dada Shankar Kolekar, Since deceased through his L.Rs. Mangal Dada Kolekar and others .. Respondents AND 51 WRIT PETITION NO. 13166 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Dnyaneshwar D. Waghmode and others .. Respondents AND 52 WRIT PETITION NO. 13167 OF 2025 3 44 to 63 wp 13134.25 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Dhanaji Bapu Tele and others .. Respondents AND 53 WRIT PETITION NO. 13168 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Jagannath Namdeo Tele and others .. Respondents AND 54 WRIT PETITION NO. 13169 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Bhagwan Anna Waghmode and others .. Respondents AND 55 WRIT PETITION NO. 13170 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Dnyaneshwar M. Kolekar and others .. Respondents AND 56 WRIT PETITION NO. 13171 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus 4 44 to 63 wp 13134.25 Jagannath K. Waghmode and others .. Respondents AND 57 WRIT PETITION NO. 13172 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Harshvardhan Ramchandra Sid and others .. Respondents AND 58 WRIT PETITION NO. 13173 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Navnath Appa Waghmode and others .. Respondents AND 59 WRIT PETITION NO. 13174 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Pramila Bapurao Gujare and others .. Respondents AND 60 WRIT PETITION NO. 13175 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Navnath Appa Waghmode and others .. Respondents AND 61 WRIT PETITION NO. 13176 OF 2025 5 44 to 63 wp 13134.25 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Uttam Shankar Tele and others .. Respondents AND 62 WRIT PETITION NO. 13177 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Sanket M. Gandhi and others .. Respondents AND 63 WRIT PETITION NO. 13178 OF 2025 The National Highways Authority of India (NHAI) Through The Project Director Keshav V. Ghodke .. Petitioner Versus Nana Shankar Tele and others .. Respondents Shri Sandeep S. Koregave, Advocate a/w Shri Siddhart S. Ambegaonkar, Advocate for the Petitioner in all matters. Mrs. Priyandra Sontakke, Advocate h/b Shri S. A. Patil, Advocate for the Respondent No 1 – claimant in all matters. Shri Y. D. Patil, A.G.P. for the Respondent Nos. 2 and 3 in W. P. No. 13134/2025, W. P. No. 13135/2025, W. P. No. 13136/2025 and W. P. No. 13137/2025. Shri S. P. Kamble, A.G.P. for the Respondent Nos. 2 and 3 in W. P. No. 13155/2025, W. P. No. 13164/2025, W. P. No. 13165/2025 and W. P. No. 13166/2025. Shri R. P. Kadam, A.G.P. for the Respondent Nos. 2 and 3 in W. P. No. 13167/2025, W. P. No. 13168/2025, W. P. No. 13169/2025 and W. P. No. 13170/2025. Shri J. P. Patil, A.G.P. for the Respondent Nos. 2 and 3 in W. P. No. 13171/2025, W. P. No. 13172/2025, W. P. No. 13173/2025, W. 6 44 to 63 wp 13134.25 P. No. 13174/2025 and W. P. No. 13175/2025. Shri S. D. Rayrikar, A.G.P. for the Respondent Nos. 2 and 3 in W. P. No. 13176/2025, W. P. No. 13177/2025 and W. P. No. 13178/2025. CORAM : SHAILESH P. BRAHME, J. DATE : 07TH JULY, 2026. FINAL ORDER : . Heard both sides. 2. The petitioner, National Highway Authority of India (NHAI) has preferred these writ petitions against the order passed by the District Judge, Malshiras directing it to deposit 50% of the enhanced amount of compensation as awarded by the arbitrator on 06.02.2023. The learned counsel for the petitioner has brought some supervening events on record. These petitions can be disposed of by the common order. 3. Lands of the respondent No. 1 – claimants stood acquired by National Highway Authority of India vide common award passed on 05.08.2019 and additional award dated 14.08.2019. Being aggrieved by award, the claimants had preferred matters before the arbitrator for enhancement. The enhancement was granted by common award dated 06.02.2023. 4. The compensation awarded by Competent Authority Land Acquisition (CALA) was disbursed to the claimants. The controversy remains to be of enhancement of the compensation. 7 44 to 63 wp 13134.25 5. Both the parties have approached the District Judge, Malshiras U/Sec. 34 of the Arbitration and Conciliation Act (for the sake of brevity and convenience hereinafter referred as to the ‘Act’). Their applications are pending. The claimants had filed applications soliciting directions for depositing enhanced amount of compensation. By impugned order, learned District Judge directed the petitioner to deposit 50% of the enhanced compensation amount. 6. Learned counsel for the petitioner submits that 50% of the enhanced compensation has also been deposited. He would submit that the proceedings pending before the District Court be expedited. My attention is adverted to the first information report lodged against the erring officer that is Additional Divisional Commissioner on 08.06.2023. 7. Learned counsel appearing for the respondent No. 1 – claimant in all matters submits that they have preferred applications seeking withdrawal of the enhanced amount of compensation deposited by the petitioner, which are pending for the consideration before the District Court. 8. The petitioner has serious grievance for the compensation awarded by the Additional Divisional Commissioner, who was arbitrator. The criminal action is initiated against him. This Court made a query to the learned A. G. P. to know as to whether 8 44 to 63 wp 13134.25 any disciplinary action is initiated against erring officer. Initiation of disciplinary action and its conclusion has bearing over the merits of the matters. This aspect can be gone into by the District Judge at the time of hearing of applications. 9. The learned A. G. P. representing the respondent Nos. 2 and 3 or his counter part shall apprise the District Judge, Malshiras regarding the status of the criminal action and the disciplinary proceedings initiated against the Additional Divisional Commissioner – Arbitrator within a period of four (04) weeks from today. 10. As the claimants are awaiting disbursement of further amount, there is exigency in the matters. Simultaneously the challenge raised by the petitioner before the District Judge U/Sec. 34 of the Act has to be dealt with objectively. In that view of the matter, I pass following order. O R D E R A. The writ petitions are disposed of. B. The District Judge – 1, Malshiras, Dist. Solapur, who is ceased of proceedings U/Sec. 34 of the Act shall expeditiously conclude those proceedings on its own merits within a period of four (04) months from today. C. Learned Judge shall take into account the report 9 44 to 63 wp 13134.25 submitted by the respondent Nos. 2 and 3 as referred above. D. It shall be open for the learned Judge to consider the applications submitted by the respondent No. 1 – claimants for disbursement of the amount on its own merits. [ SHAILESH P. BRAHME J. ] bsb/July 26