Gayatri Projects Ltd. Crescent Epc Project And Technical Servics Ltd v. State Of Maharashtra Thr. Gp And ORS

Swaroop S.

Phadke Date: 2021.04.07 18:30:57 +0530 Swaroop S. Phadke 15 wp 1100 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1100 OF 2021 Gayatri Projects Ltd. - Crescent EPC Project and Technical Services Ltd. (JV) ...

Petitioner versus State of Maharashtra and Ors.

...

Respondents Mr. Venkatesh Dhond, Senior Advocate with Mr. Angad Mehta, Mr. Armaan Grewal i/by Mr. Rahul Raut, for Petitioner.

Smt. M.P.

Thakur, AGP, for State.

CORAM: S.J. KATHAWALLA & SURENDRA P. TAVADE, JJ.

( THROUGH VIDEO CONFERENCING) DATE:

th APRIL, 2021 P.C.:

1.

By the above Writ Petition, the Petitioner interalia seeks the following relief : "(a)that this Hon'ble Court be pleased to issue an appropriate writ quashing and setting aside as illegal and arbitrary the impugned demands dated 10.03.2021 bearing No.137/2021, 13.02.2021 bearing No.22/2021, 11.02.2021 bearing No.833/2021, 02.02.2021 bearing No.156 of 2021, 18.12.2020 bearing No.Reference No.05.11.2020 bearing No.114820 and 26.10.2020 bearing no.765 / 2020;"

2.

We have heard the learned Advocates for the parties and we are of the view that Respondent Nos.5 and/or 6 should pass fresh orders in the matter after hearing the Petitioner and the concerned persons, if any. In view thereof, we pass the following order :

SSP 1/2

15 wp 1100 of 2021.doc (i) The impugned demands are set aside.

(ii)Respondent Nos.5 and/or 6 shall hear the Petitioner and/or his Advocates and / or any other concerned person/s on 3 rd May, 2021 at 11.00 a.m., and after considering the oral as well as written submissions of the parties, pass a speaking order within three weeks thereafter.

(iii)All contentions of the parties are kept open. (iv)In the meantime, the Petitioner shall be allowed to carry out the work pertaining to 6 th lane tunneling at Khambataki Ghat National Highway No.4, without taking any excavated materials/minerals outside the subject plot. (v) The Writ Petition is accordingly disposed of. ( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2