Balaji Vaijnath Damkondwar v. The Union Of India And Others

924-WP-4814-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4814 OF 2020 Balaji Vaijnath Damkondwar ..PETITIONER

VERSUS

Union of India and Others ..RESPONDENTS ....

Mr. S.D. Kotkar, Advocate h/f Mr. C.K. Shinde, Advocate for petitioner Mr. S.B. Deshpande, A.S.G. for respondent nos. 1 and 2 ....

CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : 09th JULY, 2020 ORDER :

We have heard Mr. Kotkar, learned Counsel holding for Mr. Shinde, learned Counsel for the petitioner and Mr. Deshpande, learned A.S.G. for Respondent Nos. 1 and 2.

2.

It appears that petition is premature. Objection has already been raised by the petitioner under Section 3-H(4) of the National Highways Act. It is for the authority to take decision on it's own merits under Section 3-H(4) of the Act. Entertaining the petition at this stage would be premature. 3.

It is stated by learned A.S.G. for the Respondent Nos.1 and 2 that he would inform the competent authority not to make payment till application 1 / 2

924-WP-4814-20.odt under Section 3-H(4) is decided.

4.

In view of the above, writ petition is disposed of. ( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. ) SSD 2 / 2