NATIONAL HIGHWAYS AUTHORITY OF INDIA versus SHEETAL JAIDEV VADE & ORS.

Citation: [2022] 11 S.C.R. 118 · Decided: 24-08-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

Judgment (excerpt)

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118
SUPREME COURT REPORTS
[2022] 11 S.C.R.
NATIONAL HIGHWAYS AUTHORITY OF INDIA
v.
SHEETAL JAIDEV VADE & ORS.
(Civil Appeal No. 5256 of 2022)
AUGUST 24, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Alternative Remedy – Availability of – Constitution of India –
Article 226 – Arbitration and Conciliation Act, 1996 – s.34 – Writ
petitions u/Article 226 seeking reliefs to execute award passed by
Arbitral Tribunal/Court – Entertainment of – Disapproved – Held:
Reliefs sought by the private respondents-land owners were in the
nature of execution of the award passed by the Arbitral Tribunal/
Court – Apart from the fact that the award has been challenged by
the appellant-NHAI by initiating proceedings u/s.34, Arbitration Act
which are pending, the High Court ought not to have entertained
the writ petition u/Article 226 seeking the reliefs to execute the award
passed by the Arbitral Tribunal/Court, when the award passed is to
be executed by initiating an execution proceeding before the
concerned Executing Court – By passing the impugned order
directing NHAI to deposit the compensation amount as awarded by
the Arbitrator, the High Court virtually converted itself into
Executing Court – Once the original writ petitioner was having an
efficacious, alternative remedy to execute the award passed by the
Arbitral Tribunal/Court, by initiating an appropriate execution
proceeding before the competent Executing Court, the High Court
ought to have relegated the original writ petitioners to avail the
said remedy instead of entertaining the writ petition u/Article 226 –
If the High Courts convert themselves to the Executing Court and
entertain the writ petitions u/Article 226 to execute the award passed
by the Arbitral Tribunal/Court, they would be flooded with such
writ petitions – Further, in view of similar order passed by the
Supreme Court in Saraswatibai Chandrakant Shinde case, present
proceedings disposed of with directions – Impugned order modified
– Deprecation.
[2022] 11 S.C.R. 118
118
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5256
of 2022.
From the Judgment and Order dated 01.04.2022 of the High Court
of Judicature of Bombay Bench at Aurangabad in Writ Petition No. 144
of 2021.
Ms. Aishwarya Bhati, ASG, Ms. Shivika Mehra, Ms. Ameya
Mahadik, Nithin Pavuluri, Ms. Poornima Singh, Aman Sharma, Rishabh
Dua, Ms. Neetica Sharma, T. S. Sidhu for M/s M. V. Kini & Associates,
Advs. for the Appellant.
Shirish K. Deshpande, Ms. Rucha Pravin Mandlik, Mohit Gautam,
Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 01.04.2022 passed by the High Court of Judicature of
Bombay at Aurangabad in Writ Petition No.144 of 2021 by which in a
writ petition filed by the respondents herein – original land owners, in
exercise of powers under Article 226 of the Constitution of India, the
High Court has directed the appellant – NHAI to deposit the entire
compensation amount as awarded by the learned Arbitrator and
thereafter permitting the original land owners – original writ petitioners
to withdraw the amount as mentioned in paragraph 4, the NHAI has
preferred the present appeal.
2. That the land of the respondents herein – original land owners
– original writ petitioners came to be acquired by the NHAI under the
provisions of the NHAI Act. That the amount of compensation came to
be enhanced by the learned Arbitrator. The award passed by the learned
Arbitrator has been challenged by the NHAI by availing the statutory
remedy under Section 34 of the Arbitration Act to the extent of the
enhanced amount. That as there was no stay of the award passed by
the learned Arbitrator in a proceedings under Section 34 of the Arbitration
Act, the respondent herein – original land owners instead of filing the
execution petition to execute the award declared by the learned Arbitrator
enhancing the amount of compensation, filed the writ petition before the
High Court and prayed for a Writ of Mandamus and/or appropriate
directions/orders directing the NHAI to deposit the amount with the
NATIONAL HIGHWAYS AUTHORITY OF INDIA v. SHEETAL
JAIDEV VADE & ORS.
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SUPREME COURT REPORTS
[2022] 11 S.C.R.
Competent Authority, Land Acquisition and Sub-Divisional Officer in
pursuance of the award dated 12.06.2018. By the impugned judgment
and order the High Court has disposed of the said writ petition by directing
the 

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