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Bombay High CourtWP/3181/2021disposed off

Daulat Bendu Patil v. The National Highway Authority And ORS

2022-03-23Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.03.24 17:53:16 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO.3181 OF 2021 Daulat Bendu Patil .... Petitioner Vs.

The National Highway Authority and Ors.

..... Respondents WITH WRIT PETITION (ST) NO.14545 OF 2021 Ramchandra Bendu Patil .... Petitioner Vs.

The National Highway Authority and Ors.

..... Respondents Mr.Mandar Limaye for the Petitioner in Writ Petition No.3181 of 2021 and for Respondent no.3 in Writ Petition (ST) No.14545 of 2021 Mr.R.D.Suryawanshi for the Petitioner in Writ Petition (ST) No.14545 of 2021 and for Respondent no.3 in Writ Petition No.3181 of 2021 Mr.S.B.Kalel, A.G.P. for the State in both the Writ Petitions Mr.Rakesh L. Singh a/w Ms.Heena Shaikh i/b M/s.M.V.Kini and Co. for the Respondent no.1 in Writ Petition No.3181 of

CORAM:

S.V.GANGAPURWALA & VINAY JOSHI , JJ.

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DATED :

MARCH 23, 2022 P.C.

.

Heard.

2.

It is submitted that the petitioners in both the Writ Petitions have filed objections preferably under section 3H of the National Highways Act, 1956. Same are not decided. 3.

The learned counsel for the petitioner in Writ Petition (ST) No.14545 of 2021 submits that the respondents in the said petition have withdrawn the compensation amount of Rs.127 lacs and odd amount. However, it is admitted that the petitioners in Writ Petition (ST) No.14545 of 2021 have not raised objection till the respondents in that petition had withdrawn the amount.

4.

Be it as it may, the objections filed by the petitioners in both these Writ Petitions are pending with the Competent Authority.

5.

Competent Authority will take into consideration the prima facie merits of the case and will decide the objection accordingly, under section 3 and 3-H(4) of the National Highways Act, 1956.

6.

In the light of the above, we pass the following order: a.

Parties in both the Writ Petitions shall appear before the Competent Authority on 08.04.2022.

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b.

Competent Authority shall after hearing the parties decide the objections filed by both the parties expeditiously within a period of three months. Depending upon the decision taken, further decision may be taken with regard to the amount under the award.

c.

Both the Writ Petitions stand disposed of. No costs. (VINAY JOSHI, J.) (S.V.GANGAPURWALA, J.) 3/3