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Bombay High CourtWP/3089/2020disposed off

Balaji Dattarao Deshmukh And Others v. The Union Of India And Others

2021-08-09Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

4 & 5-wp-3089-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.3089 OF 2020 WITH CA/7338/2021 BALAJI DATTARAO DESHMUKH AND OTHERS

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. Anil M. Gaikwad AGP for Respondents/State : Mr. S.G. Sangle Advocate for Respondent Nos.1 & 2 : Mr. Bhushan B. Kulkarni Advocate for Respondent No.3 : Mr. Sachin S. Deshmukh AND 5 WRIT PETITION NO.2469 OF 2020 WITH CA/7342/2021 BALAJI DATTARAO DESHMUKH AND ANOTHER

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. Anil M. Gaikwad AGP for Respondents/State : Mr. S.G. Sangle Advocate for Respondent Nos.1 & 2 : Mr. Bhushan B. Kulkarni Advocate for Respondent Nos.3 to 6 : Mr. Sachin S. Deshmukh ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 09th AUGUST, 2021 PER COURT:- 1.

Respondents nos.1 and 2 are entering their afdavits in reply. The same are taken on record from page nos.89 and 95. 2.

The learned advocate appearing on behalf of the petitioners in both these petitions, submits on instructions, that the petitioners are agreeable if the authority, exercising jurisdiction under Section 3H(4) of the National Highways Act, 1956 would transmit the proceedings to the

4 & 5-wp-3089-2020.odt (2) Principal Court of Original Jurisdiction to deal with the said proceedings. 3.

All the litigating parties are agreeable and jointly submit further that the compensation amounts may also be transmitted to the said Court.

4.

In view of the above, both these petitions are disposed of. The authority concerned shall transmit the proceedings to the Principal Civil Court of Original Jurisdiction under Section 3H(4) of the National Highways Act, 1956. The compensation amounts shall also be transmitted to the said Court which shall be invested in fxed deposit receipt with a nationalized bank. All the contentions of the litigating parties are kept open.

5.

Pending civil applications do not survive and stand disposed of.

(S.G. MEHARE. J) (RAVINDRA V. GHUGE, J) Mujaheed//