Mujahid Mohammed Yusuf Kazi Thr. Poa Ahmed Hassan Kotwal And ANR v. National Highways Authority Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE WRIT PETITION NO. 8038 OF 2021 WRIT PETITION NO. 8184 OF 2021 WRIT PETITION NO. 8202 OF 2021 WRIT PETITION NO. 8190 OF 2021 WRIT PETITION NO. 8201 OF 2021 WRIT PETITION NO. 8209 OF 2021 WRIT PETITION NO. 8164 OF 2021 WRIT PETITION NO. 9333 OF 2021 WRIT PETITION NO. 8039 OF 2021 WRIT PETITION NO. 8170 OF 2021 WRIT PETITION NO. 8173 OF 2021 WRIT PETITION NO. 8220 OF 2021 WRIT PETITION NO. 8167 OF 2021 WRIT PETITION NO. 8218 OF 2021 WRIT PETITION NO. 8215 OF 2021 WRIT PETITION NO. 8168 OF 2021 WRIT PETITION NO. 8224 OF 2021 WRIT PETITION NO. 8228 OF 2021 WRIT PETITION NO. 8206 OF 2021 WRIT PETITION NO. 8212 OF 2021 1/7

WRIT PETITION NO. 8133 OF 2021 WRIT PETITION NO. 8169 OF 2021 WRIT PETITION NO. 8178 OF 2021 WRIT PETITION NO. 8177 OF 2021 WRIT PETITION NO. 8182 OF 2021 WRIT PETITION NO. 8180 OF 2021 WRIT PETITION NO. 8175 OF 2021 WRIT PETITION NO. 8172 OF 2021 WRIT PETITION NO. 8188 OF 2021 WRIT PETITION NO. 8185 OF 2021 WRIT PETITION NO. 8171 OF 2021 WRIT PETITION NO. 8165 OF 2021 WRIT PETITION NO. 8216 OF 2021 WRIT PETITION NO. 8187 OF 2021 WRIT PETITION NO. 8195 OF 2021 WRIT PETITION NO. 8191 OF 2021 WRIT PETITION NO. 8204 OF 2021 WRIT PETITION NO. 8166 OF 2021 WRIT PETITION NO. 8199 OF 2021 WRIT PETITION NO. 8197 OF 2021 WRIT PETITION NO. 8126 OF 2021 WRIT PETITION NO. 8189 OF 2021 2/7

WRIT PETITION NO. 8179 OF 2021 WRIT PETITION NO. 8176 OF 2021 WRIT PETITION NO. 8217 OF 2021 WRIT PETITION NO. 8196 OF 2021 WRIT PETITION NO. 8219 OF 2021 WRIT PETITION NO. 8174 OF 2021 WRIT PETITION NO. 8200 OF 2021 WRIT PETITION NO. 8193 OF 2021 WRIT PETITION NO. 8198 OF 2021 WRIT PETITION NO. 8181 OF 2021 WRIT PETITION NO. 8230 OF 2021 WRIT PETITION NO. 8229 OF 2021 WRIT PETITION NO. 8221 OF 2021 WRIT PETITION NO. 8203 OF 2021 WRIT PETITION NO. 8186 OF 2021 WRIT PETITION NO. 8222 OF 2021 WRIT PETITION NO. 8183 OF 2021 WRIT PETITION NO. 8192 OF 2021 WRIT PETITION NO. 8223 OF 2021 WRIT PETITION NO. 8225 OF 2021 WRIT PETITION NO. 8128 OF 2021 WRIT PETITION NO. 8208 OF 2021 3/7

WRIT PETITION NO. 8129 OF 2021 WRIT PETITION NO. 8210 OF 2021 WRIT PETITION NO. 8115 OF 2021 WRIT PETITION NO. 8211 OF 2021 WRIT PETITION NO. 8132 OF 2021 WRIT PETITION NO. 8194 OF 2021 WRIT PETITION NO. 8130 OF 2021 WRIT PETITION NO. 8123 OF 2021 WRIT PETITION NO. 8213 OF 2021 WRIT PETITION NO. 8117 OF 2021 WRIT PETITION NO. 8214 OF 2021 WRIT PETITION NO. 8118 OF 2021 WRIT PETITION NO. 8120 OF 2021 WRIT PETITION NO. 8205 OF 2021 WRIT PETITION NO. 8121 OF 2021 WRIT PETITION NO. 8226 OF 2021 WRIT PETITION NO. 8135 OF 2021 WRIT PETITION NO. 8136 OF 2021 WRIT PETITION NO. 8137 OF 2021 WRIT PETITION NO. 8125 OF 2021 WRIT PETITION NO. 8207 OF 2021 WRIT PETITION NO. 8103 OF 2021 4/7

WRIT PETITION NO. 8113 OF 2021 WRIT PETITION NO. 8111 OF 2021 WRIT PETITION NO. 8112 OF 2021 WRIT PETITION NO. 8106 OF 2021 WRIT PETITION NO. 8105 OF 2021 WRIT PETITION NO. 8124 OF 2021 WRIT PETITION NO. 8110 OF 2021 Mujahid Mohammed Yusuf Kazi & Anr.

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Petitioners

Versus

National Highways Authority of India & Ors.

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Respondents None for the Petitioners in all Petitions.

Mr. Rakesh L. Singh i/b. M. V. Kini & Co., Advocate for the Respondent/NHAI in all Petitions.

Mr. R. M. Shinde, AGP for the Respondents/State in WP/8038/2021 and other petitions.

Mr. R. S. Pawar, AGP for the Respondents/State in WP/8184/2021.

Smt. M. S. Bane, AGP for the Respondents/State in WP/8202/2021.

Mr. S. B. Kalel, AGP for the Respondents/State in WP/8164/2021.

Mr. B. V. Samant, AGP for the Respondents/State in WP/8204/2021.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 18, 2022 5/7

P.C.

1.

The learned AGP and the learned Advocate for the respondent/National Highway Authority of India submit that the other matters fled by similarly situated persons are disposed of by the Coordinate Bench of this Court by the order dated March 23, 2021 in Writ Petition (ST) No. 7522 of 2021 and other connected matters.

2.

The Coordinate Bench on March 23, 2021 has passed the following order.

1. In the above Writ Petitions, the relief sought by the Petitioners is identical. The same is reproduced hereunder :

"(a) This Hon'ble Court be pleased to verify the contentions of the Petitioners raised in the present Petition and after verifying the legality and proprietory of the allegations so made by the Petitioners in the present Petition, this Hon'ble Court be pleased to quash and set aside the order dated 29th January, 2021 passed by the Respondent No.3 and this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus directing the Competent Authority to refer the said dispute as to title and apportionment of money under the said award to District Court, Pandharpur being the Competent Civil Court of Original Jurisdiction under the provisions of Section 3(H)(4) of National Highway Act, 1956."

2. We have made a suggestion to the Learned Advocate appearing for the Petitioners and also to the Advocates appearing for the Respondents before us and they have accepted the same. In view thereof, we pass the following Order by consent :

(i) The Petitioners who have fled the above Writ Petitions shall instead fle Suits before the Civil Court or take out appropriate proceedings before the concerned authority seeking appropriate reliefs, within a period of one week from today and forthwith furnish a copy of the Plaint/Application alongwith an application seeking ad-interim/interim reliefs, to the respective Advocates for the Respondents.

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(ii) In the said Suits/appropriate proceedings, the Petitioners shall take out an application seeking interim/ad-interim relief/s with regard to the disbursement of compensation. The said Application shall be disposed of by the competent Civil Court or the appropriate authority, strictly on merits, without being infuenced by any other Order previously passed by this Court or the present Order and without granting adjournment/s to either sides, within a period of two weeks from the date of fling of such application.

(iii) The compensation shall not be disbursed for a period of three weeks from today. However, in the event of the Petitioners not being successful in obtaining any restraint Orders qua the disbursement of compensation, within three weeks from today, the compensation shall be forthwith disbursed.

(iv) All contentions of the parties are kept open including issue of limitation/jurisdiction.

3. The above Writ Petitions are accordingly disposed of."

3.

The present writ petitions also stand disposed of in terms of aforesaid order dated 23rd March 2021 in Writ Petition (ST) No. 7522 of 2021 with connected writ petitions. No costs.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.19 20:14:38 +0530 RAJU DATTATRAYA GAIKWAD 7/7