Prabhavatibai Pandharinath Marathe And Others v. The Project Director National Highway Authority Of India And Others

965- W.P. No. 7831-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 WRIT PETITION NO.7831 OF 2020 PRABHAVATIBAI PANDHARINATH MARATHE AND OTHERS

VERSUS

THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. Gajendra Devichand Jain AGP for Respondent State : Mr. S.G. Karlekar Advocate for Respondent No.1 L Mr. D. S. Manorkar Advocate for Respondent No.2 : Mr. R. B. Bhosle ....

CORAM : R. D. DHANUKA & S.G. MEHARE JJ.

DATE : 23.03.2022.

PER COURT :- The learned counsel for the petitioners, at this stage is only seeking writ of mandamus directing respondent No.1 to decide the representation made by the petitioners and others on 14th December 2017 in respect of measurement, marking Public National High way No.6 four lane carriageway. 2.

It is not in dispute that the acquisition award has already been passed in respect of lands of the petitioners and the compensation has already been paid. However, according

965- W.P. No. 7831-2020.odt to the petitioners, the measurement as well as marking ought to have been done by Government agency and not by private contractor or private surveyor and resultantly there is dispute regarding measurement of the land under acquisition. 3.

We do not propose to make any observations about this grievance of the petitioners. The respondent No.1 is directed to decide the representations made by the petitioners within four weeks from today in accordance with law. The order that would be passed by respondent No.1 shall be communicated to the petitioners within one week from the date of passing order.

4.

Writ Petition is disposed of. No order as to costs. (S.G. MEHARE J.) ( R.D. DHANUKA J. ) ysk