Shivnanda Samratsingh Pardeshi And Another v. The National Highway Authority Of India Through Special Land Acquisition Officer And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5044 OF 2018 Smt. Shivnanda Samratsingh Pardeshi & another Petitioners

Versus

National Highway Authority of India & others Respondents Mr. S.L. Jaybhaye, advocate for petitioners.

Mr. S.S. Dande, A.G.P. for all respondents.

CORAM : R.M.BORDE & A.M. DHAVALE, JJ.

DATE : 7th JUNE, 2018 PER COURT:

1.

The property which has been acquired by the National Highway Authority is under attachment in view of registration of crime under section 13(2) of the Prevention of Corruption Act. Petitioner alongwith her husband were convicted by the Criminal Court in Special Case No. 23/2003 decided on 21.05.2014 and have been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 20,000/-.

2.

Since the property which has been acquired allegedly forms part of the disproportionate assets, respondent National Highway Authority is justified in with holding payment of amount in view of pendency of criminal proceeding at appellate stage. No

{2} wp5044-18.odt interference is called for in the petition. Writ petition is devoid of substance hence stands rejected.

A. M. DHAVALE R.M.BORDE JUDGE JUDGE dyb