Sudam Mahadev Kale And ORS v. Competent Authority Alias Dy. Collector Acquisition No.13 And ORS

wp12786 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.12786 OF 2015 Sudam Mahadev Kale & Ors.

...Petitioners

vs.

Competent Authority @ Dy.Collector Acquisition No.13 & Ors.

...Respondents

Mr.S.S.Kulkarni for the Petitioners Mr.V.S.Gokhale, AGP for the respondent Nos.1 to 4. Mr.Parag Vyas for respondent No.5 CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : JANUARY 4, 2016 P.C.:

The petitioner has a remedy available under sub-section 5 of section 3G of the National Highways Act,1956. All issues raised by the petitioner regarding determination of the compensation will have to be gone into by the Arbitrator to be appointed by the Central Government.

If an application is already made by the petitioner for appointment of Arbitrator in terms of sub-section 5 of Section 3G, we direct the Central Government to make an order appointing Arbitrator as expeditiously as possible and in any event within a period of one month from today.

By keeping all contentions open, we dispose of the petition subject to above directions.

(C.V.BHADANG,J.) (A.S.OKA,J.)