Janabai Mohan Patil Khairnar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9234 OF 2018 Janabai Mohan Patil Khairnar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 9225 OF 2018 Udesing Subersing Jamadar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 9277 OF 2018 Mohan Ramdas Patil Khairnar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Yoges B. Bolkar, Advocate for the Petitioner in all matters. Shri K. B. Jadhavar, A.G.P. for Respondent Nos. 1 to 4 in all matters.

Shri Deepak S. Manorkar, Advocate for the Respondent No. 5 in all matters.

2 wp 9234.18 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 14TH JANUARY, 2019.

FINAL ORDER :

.

The awards are passed under the National Highways Act. Mr. Bolkar, the learned counsel for petitioners submits that, in the joint measurement trees were shown in the lands of petitioners, however, in final award compensation is not paid for the trees.

2.

We have also heard Mr. Manorkar, the learned counsel for the respondent No. 5 and the learned Assistant Government Pleader for respondent/State.

3.

It is submitted by the respondents that, the petitioners can raise all these grievances before the Arbitrator/Competent Authority for enhancement of compensation.

4.

As the petitioners have remedy to approach the Arbitrator/Competent Authority under the Statute and further as it is submitted that Arbitrators are appointed, the petitioners may approach the arbitrator in that regard and in a reference filed by petitioners seeking enhanced compensation and agitate about enhanced compensation for the trees also.

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With these observations writ petitions are disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 19