The State Of Maharashtra (Through Chief Secretary) And ORS. v. M/S. Sion Panvel Tollways Pvt. Ltd. Through Its Authorized Signatory T.K. Karthikeyan

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4 OF 2016 IN WRIT PETITION NO.5764 OF 2015 The State of Maharashtra & Ors.

...Applicants vs.

M/s.Sion Panvel Tollways Pvt.Ltd. ...Respondent ALONGWITH WRIT PETITION NO.6577 OF 2015 WITH WRIT PETITION NO.7573 OF 2015 WITH WRIT PETITION NO.7574 OF 2015 WITH WRIT PETITION NO.7575 OF 2015 WITH WRIT PETITION NO.7916 OF 2015 WITH WRIT PETITION NO.10245 OF 2015 WITH WRIT PETITION NO.10328 OF 2015 WITH WRIT PETITION NO.10368 OF 2015 WITH WRIT PETITION NO.10522 OF 2015 WITH WRIT PETITION NO.10613 OF 2015 WITH WRIT PETITION NO.10807 OF 2015 WITH WRIT PETITION NO.11176 OF 2015 WITH WRIT PETITION NO.11177 OF 2015 WITH WRIT PETITION NO.11358 OF 2015 WITH WRIT PETITION NO.12074 OF 2015 WITH WRIT PETITION NO.12844 OF 2015 Mr.V.B.Thadhani, AGP for the applicants and for respondent in all writ petitions Ms Neha Prashant a/w Ms Chery Fernandes i/b ALMT Legal for the respondent in CA and for petitioner in W.P.Nos.5764/2015 and 6577/2015 Mr.Prashant Chavan i/b Mr.Ravindra Chile for respondent No.2 in W.P.N.7574/2015 and for respondent Nos.3 to 6 in W.P.No.11176/2015 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : AUGUST 26, 2016 P.C.:

Heard the learned AGP for the applicant and the learned counsel for the respondent. Though the

prayer in this application is already worked out with the passage of time, instead of driving the applicant to file a fresh application, we permitted the applicant to file an additional affidavit. Accordingly, an affidavit is tendered today by the learned AGP of one Borse Subhash Ukha, the Deputy Engineer, Road Development, Sub Div.No.11, Chembur, Mumbai.

In the affidavit apart from other statements, it is stated that an endeavour will be made to complete adjudication on claims as early as possible and in any event by 31st December 2016. As far as payment of compensation for the period of April 2016 to July 2016 is concerned, the sane is admittedly paid to the respondent on 10th August 2016.

Perused the Judgment and Order dated 8th September 2015. The decision was to be taken by the Committee by 31st December 2015.

Though there is no clear assurance in this application that the decision will be taken on or before 31st December 2016, we propose to extend the time till 30th November 2016.

Hence, we dispose of the application by passing the following order:

(I) Time fixed under clause (iii) of paragraph 104 of the Judgment and Order dated 8th September 2015 is extended by way of a last

chance till 30th November 2016. No further extension shall be granted;

(II) We direct the applicants to place on record the progress report at the end of every calendar month starting with end of September 2016 regarding the proceedings before the Committee;

(III) We make it clear that we have made no adjudication on the correctness of various factual statements made in the additional affidavit tendered today;

(IV) In the event monthly reports are not submitted, we grant liberty to the respondent to move this Court for appropriate relief.

(A.K.MENON,J.) (A.S.OKA,J.)