1 AP586/08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.586 OF 2008 M/s Bhawani Builders ...Petitioners v/s Government of Maharashtra, through The Superintending Engineer, P.W.D. Circle, Thane ...Respondents Ms Shilpa Kapil for Petitioners. Ms Uma Palsule, AGP for Respondents. CORAM : D.K. DESHMUKH J. DATE : 1ST APRIL 2011. 2 AP586/08 P.C. :- 1] By this petition, the original claimants challenge the award made against claim Nos.7, 8 and 9. By claim No.7, the claimants were claiming reimbursement of the expenses incurred by them in proceedings filed by the Forest Department against them. The case of the petitioners is that they were asked to carry out construction of road on land which was owned by the Forest Department. Because of that, proceedings were initiated by the Forest Department since no permission was secured from the Forest Department. In my opinion, the Arbitrators have rightly rejected the claim because if the road was to be constructed on the forest land, it was the duty of the claimants to inform the Government that they should secure permission of the Forest Department before carrying out the work. The petitioners could not have carried out the work without obtaining permission and without informing the Government. Whatever they did was at their own risk. So far as claim Nos.8 and 9 are concerned, 3 AP586/08 they are purely questions of fact because by those claims, the petitioners were claiming reimbursement of expenses and loss due to non-completion of work within time. The Arbitral Tribunal has held that the work could not be completed within time for the fault of the contractor. This is a finding of fact. Therefore, this cannot be interfered with under section 34 of the Arbitration and Conciliation Act 1996. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )