Balaji Nagnath Eamekar And Others v. The Union Of India Throuh Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9473 OF 2018 Balaji Nagnath Eamekar and others .. Petitioners

Versus

The Union of India and others .. Respondents WITH WRIT PETITION NO. 9476 OF 2018 Uttam Kishan Pandilwar and others .. Petitioners

Versus

The Union of India and others .. Respondents WITH WRIT PETITION NO. 13804 OF 2018 Dhondiba Deorao Sarole and others .. Petitioners

Versus

The Union of India and others .. Respondents Shri V. D. Sapkal, Advocate h/f Shri Laxmikant C. Patil, Advocate for Petitioners in all matters.

Shri Bhushan B. Kulkarni, Advocate for Respondent Nos. 1, 3 and 4.

Shri S. M. Ganachari, A.G.P. for the Respondent No. 2 in all matters.

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

DATE : 22ND JANUARY, 2019.

FINAL ORDER :

.

Heard Mr. Sapkal, the learned counsel for petitioners and

2 wp 9473.18 Mr. Kulkarni, the learned counsel for respondent Nos. 1, 3 and 4 and the learned A. G. P. for the respondent No. 2. 2.

According to petitioners initially the award was passed and the lands were acquired for the State Highway. Now the same is being converted into National Highway and the width of the road is increased to 30 meters from 18 meters. Without acquisition the respondents are doing construction work.

3.

According to the respondents, the State Highway already existed and the same road is being repaired and reconstructed and the width of the said road is not expanded. 4.

It appears that, the petitioners had approached the Collector, Nanded with their grievances of lands being affected. Pursuant thereto the Deputy Collector (Land Acquisition) has communicated that the Sub Divisional Officer cum Land Acquisition Officer Degloor to take necessary steps and communication is also made by the Sub Divisional Officer to the Executive Engineer, National Highway Department to consider applications of petitioners and to make necessary enquiry in that regard.

5.

It would be appropriate for the respondent Nos. 2 to 4 to make necessary enquiry pursuant to the applications of the

3 wp 9473.18 petitioners and take decision as to whether lands of the petitioners are affected in national highway. The petitioners may produce the documents on which they rely. The respondent Nos. 2 to 4 after petitioners produces necessary documents, shall take decision upon grievances of petitioners within a period of three (03) months from today. The writ petitions are disposed of. No costs.

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