Balasaheb Madhavrao Bhagat v. Union Of India And Others

1 wp 1207.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1207 OF 2021 Shabana Shaikh Nashir .. Petitioner

Versus

The Union of India and others .. Respondents Shri Laxman H. Kawale, Advocate for the Petitioner. Shri Amol Patale, Advocate for the Respondent Nos. 1 and 3. Mrs. V. N. Jadhav Patil, A.G.P. for the Respondent No. 2. AND WRIT PETITION NO. 1220 OF 2021 Balasaheb Madhavrao Bhagat .. Petitioner

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The Union of India and others .. Respondents Shri Laxman H. Kawale, Advocate for the Petitioner. Shri Amol Patale, Advocate for the Respondent Nos. 1 and 3. Shri S. R. Yadav Lonikar, A.G.P. for the Respondent No. 2. AND WRIT PETITION NO. 1141 OF 2021 Khanderao Ramkisan Khadap and others .. Petitioners

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The Union of India and others .. Respondents Shri Laxman H. Kawale, Advocate for Petitioners. Shri R. R. Bangar, Advocate for the Respondent Nos. 1, 3 and 4. AND WRIT PETITION NO. 8703 OF 2021 Manisha Gulab Surwase and another .. Petitioners

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The Union of India and others .. Respondents

2 wp 1207.21 Shri Laxman H. Kawale, Advocate for Petitioners. Shri R. R. Bangar, Advocate for Respondent Nos. 1, 3 and 4. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

17TH AUGUST, 2021.

FINAL ORDER :

.

We have heard the learned counsel for petitioners and the learned counsel for the respondent Nos. 1 and 3 and the learned Assistant Government Pleader in respective writ petition. 2.

The award has already been passed. It is submitted that, the petitioners have raised objection U/Sec. 3-H(4) of the National Highways Act. The grievance of the petitioners is that, said objection is not decided.

3.

The learned advocate for the respondent/competent authority submits that, the petitioners have not submitted the documents of ownership and as such same was not decided. On submission of all the relevant documents, the competent authority would decide the objection of the petitioners. 4.

In the light of that, as the objection is pending with the competent authority, the competent authority shall take decision on the objection of the petitioners on its own merits, in accordance with law and policy, after giving opportunity of hearing to all the parties, expeditiously and preferably within a

3 wp 1207.21 period of four (04) months from today. All contentions of the respective parties are kept open.

5.

The writ petitions accordingly are disposed of. No costs. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Aug.21