Kuldip Singh Jai Singh Dhody And Others v. The Union India Through Its Secretary And Others

919-wp10530.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10530 OF 2023 Kuldip Singh Jail Singh Dhody and others Petitioners

Versus

The Union of India & others Respondents Mr. P. R. Katneshwarkar, advocate for the petitioners. Mr. B. M. Dhanure, advocate for Respondents No.1 & 6. Mr. P. S. Patil, Additional Government Pleader for Respondent No.5.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARUN R. PEDNEKER, J.

DATE : 24th AUGUST, 2023.

P.C. :

1.

Having heard learned Counsel for the parties and having regard to the nature of the grievance raised in this writ petition, we provide that the petitioners shall apply for joint measurement of their lands to the Office of Deputy Superintendent of Land Records/Competent Authority within a month from today and in case such an application/s is/are moved before the Competent Authority, the request of the petitioners for joint measurement of their lands shall be expedited and joint measurement on the spot shall also be

919-wp10530.23 conducted.

2.

In case, in the process of joint measurement to be conducted under this order by the Competent Authority, it is found that the lands of the petitioners are affected on account of implementation of the project by the National Highways Authority, the Competent Authority shall take decision and communicate the same to the petitioners based on such measurement regarding acquisition of their lands. 3.

The expenses of the joint measurement shall be borne by the National Highways Authority. However, in case in the joint measurement, lands of the petitioners are not found to be affected by the project Authority, charges of joint measurement shall be paid to the National Highways Authority by the petitioners.

4.

With the aforesaid observations, Writ Petition is disposed of.

(ARUN R. PEDNEKER, J.) (CHIEF JUSTICE) adb