Dadasaheb Bhaurao Pawar-Since Deceased through Lrs. Shivaji Dadasaheb Pawar and Anr. v. the Government of India through Deputy Secretary, Ministry of Shipping Road Transport and Highway
Case brief
What is this about?
Arbitration Appeal Section 37 Arbitration and Conciliation Act 1996; solatium; Section 23(2) Land Acquisition Act 1894; Section 3J National Highways Act 1956 struck down unconstitutional; Tarsem Singh (2019) 9 SCC 304; NHAI v M. Hakeem (2021) 9 SCC 1; Rishabhkumar 2021 SCC OnLine Bom 4561 followed; Sarjuprasad 2022 (1) Mh.L.J 290 distinguished; Gayatri Balasamy 2025 INSC 605 five-judge bench; impermissible modification of arbitral award; Section 34 Court cannot modify award; Section 37 jurisdiction limited to Section 34; frame of reference; fundamental policy of Indian law; severance clerical computational typographical errors post-award interest; NHAI concession solatium payable; 2008 acquisition four-laning NH-3 Mouje Wake Saundane Malegaon Nashik; enforcement of statutory entitlement; no order as to costs; disposed.
What did the court decide?
No substantive relief granted: the Impugned Judgement is not interfered with and the thirty Petitions are disposed of with no order as to costs; pending Interim Applications stand disposed of; the Petitioners are left at liberty to enforce their statutory solatium entitlement in appropriate proceedings.