Koyna Power Ltd. Mumbai v. The State Of Maharashtra Thr Sub Divisional Officer And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8473 OF 2022 M/s. Koyna Power Limited ... Petitioner

Versus

The State of Maharashtra through Sub Divisional Officer and Ors.

... Respondents Mr. A.M. Saraogi, Advocate for the Petitioner. Ms. M.S. Bane, AGP for the Respondent No.1-State. Ms. S.V. Bharucha i/by A.A. Ansari, for Respondent Nos.2 and 3. CORAM : NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE : 11 OCTOBER 2022 P.C. :

Heard learned Counsel for the Parties.

2.

Though an Award is sought to be challenged in this petition, the learned Counsel for the Petitioner clarifies that the dispute is not in respect of the Award or acquisition but in respect of disbursement of compensation. According to the Petitioner the Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2022.10.13 19:36:09 +0530 SANJAY ASARAM MANDAWGAD amount of compensation is sought to be taken away by one of the Directors of the Petitioner, who has no authority to do so. That being the position since what is brought before is a dispute sanjay_mandawgad

2/2 21cwp8473-22 regarding payment of compensation it must be brought first to the notice of the Acquiring Authority to disburse the amount. The learned Counsel for the Petitioner states that the Petitioner will approach the concerned Authority within a period of four weeks from today. Once an application is made the Respondent Authority to deal with the same as per the law after giving an opportunity to the concerned parties.

3.

Writ Petition is accordingly disposed off.

( SHARMILA U. DESHMUKH, J. ) ( NITIN JAMDAR, J. ) sanjay_mandawgad