Bapurao Govindrao Dighe And Others v. The State Of Maharashtra And Others

( 1 ) 97 wp 1767.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 97 WRIT PETITION NO.1767 OF 2019 BAPURAO GOVINDRAO DIGHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Chavan Deepak B. AGP for Respondents/State : Mr. A.R. Kale Advocate for Respondents : Mr. Murge Estling S. ...

CORAM :

S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

03.06.2019 P.C. :- The learned counsel submits that the petitioner has filed an application raising objection on 24.01.2019 before the Competent Authority under Section 3 H(4) of the National Highways Act the same is not yet decided.

2.

Mr Murge, the learned advocate for the respondent nos.4 to 11 submits that the respondents have right, title and interest over the property acquired and are entitled to compensation as per the award. 3.

If the objection has been raised to the apportionment of the amount then the Competent Authority has to take decision as is contemplated under Section 3 H(4) of the National Highways Act. It is submitted that the

( 2 ) 97 wp 1767.19 decision has not yet been taken. The Competent Authority shall take decision upon the application given by the petitioner raising objection to the apportionment of the amount (Exhibit-G page 29) expeditiously preferably within four months from the appearance of the parties. As the petitioner and respondent nos.4 to 11 are before this Court they shall appear before the Competent Authority on 17.06.2019. The Competent Authority shall after hearing them decide the same expeditiously preferably within four months from the date of appearance. Till the objection is decided the amount shall not be disbursed to the parties.

4.

In light of the above the writ petition is disposed of accordingly. No costs.

[MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub