Mehaboob Mahmood Shaikh v. Authorized Officer National Highway Authority Government Of India Acquisition Dept. Ausa And Others

1 Sr973WP10836.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 10836 OF 2017 Mehaboob S/o Mahmood Shaikh ... Petitioner

VERSUS

Authorized Officer, National Highway Authority, Government of India.

... Respondent ..........

Mr Gaurav L. Deshpande, Advocate for the petitioner Mr S. L. Awchar & Mr B. L. Sagar-Killarikar, Advocate for respondents No. 2, 5 & 6 Mr S. S. Chillarge, Advocate for respondent No. 4 .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 06TH APRIL, 2018.

ORDER:

.

We have heard Mr Deshpande, the learned counsel for the petitioner. Mr. Sagar-Killarikar, the learned counsel for respondents No. 2, 5 & 6 submits that, as the award is not yet passed, the amount is not yet determined.

2.

According to the petitioner, the objection is filed u/s 3-H(4) of the National Highways Act, 1956. The said objection is to be considered after the amount is determined u/s 3-G of the National

2 Sr973WP10836.2017 Highways Act and if several persons claim to be interested in the amount, then the procedure is laid down u/s 3-H of the National Highways Act for determining the amount.

3.

As the award itself is not yet passed, the amount is not yet determined. The petition is premature. In view of that, writ petition is disposed of. No costs.

4.

Liberty to take appropriate steps.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde