Dastgir Lalabhai Shaikh And Others v. The State Of Maharashtra And Others

1 WP 13089.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13089 OF 2018 Dastgir Lalabhai Shaikh and others .. Petitioners

Versus

The State of Maharashtra and otehrs .. Respondents Shri S. B. Ghatol Patil, Advocate h/f Shri S. P. Urgunde, Advocate for Petitioners.

Ms. Vaishali N. Jadhav Patil, A.G.P. for Respondent Nos. 1 & 2. Shri A. B. Dhongade, Advocate for the Respondent No. 3. Shri V. D. Salunke, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND FEBRUARY, 2019.

FINAL ORDER :

.

The award has been passed under the National Highways Act. According to the petitioners, the petitioners raised an objection U/Sec. 3-H(4) of the National Highways Act. The award is passed in favour of the present respondent No. 4. 2.

After passing of award, if any objection is raised to the award, the authority, naturally is required to take decision upon it.

2 WP 13089.18 3.

The respondents are referring to various suits filed wherein, the suit filed by petitioners for temporary injunction is dismissed. Even suit filed for specific performance of reconveyance has been dismissed and the suit filed by the respondent No. 4 for injunction is decreed. Naturally, the competent authority would consider all these aspects of the matter and take decision upon the objection raised by petitioners. The said decision shall be taken within a period of four (04) weeks from the date of appearance of the parties. The parties shall appear before the competent authority on 05.03.2019.

4.

In view of the above, the writ petition is disposed of. No costs.

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