Mohammad Fajale Hussen And Others v. The National Highway Authority Of India The Project Director And Others
1 30-WP-10490-19 & 33-WP-10493-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10490 OF 2019 MOHAMMAD FAJALE HUSSEN AND OTHERS ..PETITIONERS
VERSUS
THE NATIONAL HIGHWAY AUTHORITY OF INDIA THE PROJECT DIRECTOR AND OTHERS ...RESPONDENTS AND WRIT PETITION NO.10493 OF 2019 MOHAMMAD FAJALE HUSSEN AND OTHERS ..PETITIONERS
VERSUS
THE NATIONAL HIGHWAY AUTHORITY OF INDIA THE PROJECT DIRECTOR AND OTHERS ...RESPONDENTS Mr. A.D. Sonar, Advocate for Petitioners Mr. A.B. Dhongade, Advocate for Respondent No. 3 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.
DATE : 26th AUGUST, 2019 ORAL ORDER:
1.
The learned Counsel submits that arbitrator has granted enhanced compensation amount to the petitioners. The Highway Authority had filed application under section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge. The Competent
2 30-WP-10490-19 & 33-WP-10493-19 Authority/Highway Authority has deposited the amount.. The petitioners have filed application for withdrawal of the amount in July, 2018, but no orders passed on it as yet. 2.
Mr. Dhongade, the learned Counsel appears for the competent authority.
3.
Under our order dated 17th January, 2018 in Writ Petition bearing No. 14994/2017 and 14984/2017, we have directed the authorities to deposit the amount within a period of eight weeks. We also allowed the petitioners therein to put forth their case with regard to their right of withdrawal of the amount. Accordingly, the petitioners have filed the application. However, the same is not yet decided. 4.
In case, there is no impediment, the District Judge where the applications filed by the petitioners are pending, shall take decision upon it after hearing all parties concerned, preferably within a period of three months after the communication of the order of this Court.
5.
The Writ Petition is disposed of. No costs.
[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta