Bombay High CourtWP/3646/2022disposed off

Gajanan Prabhakar Kumbahr And ORS v. State Of Maharashtra Thr. Dept. Of Revenue Affairs And ORS

2022-04-20Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice M. G. Sewlikar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6346 OF 2021 Ganesh Vasant Thombare ..... Petitioner Vs.

The Competent Authority Cum Sub Divisional Officer & Anr.

..... Respondents WITH INTERIM APPLICATION NO.176 OF 2022 IN WRIT PETITION NO.6346 OF 2021 Gajanan Prabhakar Kumbhar & Ors.

..... Applicants / Intervenors Ganesh Vasant Thombare ..... Petitioner Vs.

The Competent Authority Cum Sub Divisional Officer & Anr.

..... Respondents WITH WRIT PETITION NO.3646 OF 2022 Gajanan Prabhakar Kumbhar & Ors.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Sushant Prabhune for the Petitioner in 6346/2021 Mr. S. L. Babar, AGP for the State Mr. Manoj Patil with Ashish Pawar for the Petitioner in 3646/2022 and for the Applicant in the Interim Application

CORAM:

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

DATED :

APRIL 20, 2022 1/3

P.C.

It appears that land bearing Gut No.122 and 125 are acquired. The Petitioner in Writ Petition No.6346 of 2021 prays for disbursement of the amount of compensation. Similar prayer is made by the Petitioner in Writ Petition No.3646 of 2022.

It appears that the Petitioner in Writ Petition No.3646 of 2022 had raised an objection before the Competent Authority. The objection, it appears, is referable to Section 3H of the National Highways Act, 1956 (the Highways Act).

One of the grievances of the Petitioner in Writ Petition No.6346 of 2021 is that the Competent Authority is not passing any orders. Naturally, once an objection has been filed either under Section 3H(3) or 3H(4) of the Highways Act, some decision will have to be arrived at by the Competent Authority.

The parties shall appear before the Competent Authority on 29th April 2022. The Competent Authority shall, after hearing the Petitioners, take decision on the objection, preferably within two months from the date of appearance of the parties. As the date of appearance is 2/3

already given by this Court, it is not necessary for the Competent Authority to issue notice to the parties.

Depending upon the decision taken by the Competent Authority, the parties may take appropriate steps.

All contentions of the parties are kept open. The Writ Petitions and the Interim Application stand disposed of. (M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.04.22 11:50:18 +0530 BASAVRAJ GURAPPA PATIL 3/3