Gulab Namdev Bhadane Since Deceased Thr Lrs Chitrabai Gulab Bhadane v. National Highway Authority Of India Project Implementation Unit Thr Project Director And Another
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD 60 WRIT PETITION NO.4962 OF 2021 KULBIRSING DILJITSING BHATIA THR POWER OF ATTORNEY HOLDER GOVIND OMPRAKASH AGRAWAL
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT NASHIK AND ANOTHER ...
Advocate for Petitioner : Mr. Kulkarni Mukul S. Advocate for Respondent 1 : Mr. D.S. Manorkar AGP for Respondent 2 : Mr. P.S. Patil ...
61 WRIT PETITION NO.4971 OF 2021 GULAB NAMDEV BHADANE SINCE DECEASED THR LRS CHITRABAIGULAB BHADANE
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT THROUGH PROJECT DIRECTOR AND ANOTHER ...
Advocate for Petitioner : Mr. Kulkarni Mukul S. Advocate for Respondent 1 : Mr. D.S. Manorkar AGP for Respondent 2 : Mr. P.S. Patil ...
CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.
DATED : 05/07/2021.
PER COURT :
.
We have heard Mr. Kulkarni, learned counsel for the petitioners and Mr. Manorkar, learned counsel for respondent. 2.
The learned counsel for the petitioners submits that the petitioners are similarly situated with the petitioners in Writ
Petition No. 12014 of 2019 with connected writ petitions decided under order dated 01.10.2019.
3.
Mr. Manorkar, learned counsel submits that at the time of deciding the matters on 01.10.2019, the learned counsel appearing for the National Highway Authority could not point out the National Highways (manner of depositing the amount by the Central Government with the competent authority for acquisition of land) Rules, 2019 and instead Rules of 1998 were cited. 4.
It would appear that the award by the Arbitrator is passed in the year 2013. The application under section 34 against the award passed by the Arbitrator is also fled in the year 2013. At that relevant time, the Rules of 2019 did not see the light of the day. The rules as on the date of award was passed and/or the appeal was fled would be applicable. The said Rules of 1998 were considered while passing the order dated 01.10.2019 in Writ Petition No. 12014 of 2019 with connected writ petitions.
5.
In the light of that, we pass the following order. 6.
In the matters wherein the respondents have not deposited the amount as per the award of the Arbitrator before the Competent Authority, the respondents shall deposit the
amount before the Competent Authority as per the award passed by the Arbitrator within eight (8) weeks from today. The respondents may approach the learned District Judge for further orders in accordance with law. The petitioners shall also be at liberty to put forth their case with regard to the right to withdraw the amount from the Competent Authority / District Judge. 7.
It is submitted that the pleadings are complete. The learned Judge where the application fled by the respondent challenging the award of the Arbitrator is pending shall endeavour to decide the said application expeditiously and preferably within a period of three (03) months. 8.
Mr. Manorkar, learned counsel submits that the petitioner may not be allowed to withdraw the amount. 9.
The respondent may take up such a plea before the learned District Judge before whom the matter is pending. The learned District Judge certainly will consider the rival contentions and pass appropriate order.
10.
Writ petitions stand disposed of. No costs.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/