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Bombay High CourtWP/2387/2015rejected at admission stage

Pandurang Chindha Patil And Another v. The Union Of India And Others

2015-03-10Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2387 OF 2015 Shri Pandurang Chindha Patil and another Petitioners

Versus

The Union of India and others Respondents Mr. Shrikant S. Patil advocate for the petitioners Mrs. A.V.Gondhalekar, AGP for Respondent Nos. 1 & 2 Mr. S.B.Deshpande ASG for respondent No.1 ______ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 10th March, 2015.

PER COURT :- This petition is directed against rejection of objection of the petitioner in respect of acquisition of the property for construction of a national high way No.211.

The objection tendered by the petitioner has an effect of realignment of national high way, which is impermissible. In reply to the contentions raised by the petitioner, it is averred by respondents No.1 to 3 that, the approximate area of land to be acquired is published in the Notification under section 3-A of the Act on 21.5.2013. After following due procedure, joint

{2} wp 2387.15.odt measurement was taken and on consideration of objections and after extending opportunity of hearing to the petitioner, the respondents have proceeded to reject the objection. In view of affidavit in reply tendered on record, we do not deem it appropriate to cause interference in the matter in exercise of writ jurisdiction under article 226 of the Constitution. Petition stands rejected.

(P.R. BORA, J) (R.M.BORDE, J) vbd