Rameshwar S/O Mahadeorao Surve And Others v. Union Of India, Thr. Ministry Of Road Transport And Highway, New Delhi And ORS.

2024:BHC-NAG:3937-DB 5-WP-4566-2022.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 4566 of 2022 Rameshwar s/o Mahadeorao Surve and others.

vs.

Union of India, through Ministry of Road Transport and Highway, New Delhi and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri I. M.Ghongade, Advocate for petitioners. Ms M .P. Munshi, Advocate for respondent no.1. Ms N. P. Mehta, Additional Government Pleader for respondent no.2. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 3rd APRIL, 2024.

Civil Application (W) No. 305 of 2024 Heard.

2.

For the reasons disclosed in the application, the application is allowed and disposed of.

Writ Petition No. 4566 of 2022 In view of communication dated 05.07.2022 issued by the Executive Engineer, National Highway, Akola, it is claimed that in violation to Clause 6.3, which reads thus:

"The distance from check barrier/toll plaza would at least 1 km and no check barrier/toll plaza would be installed within 1 km of fuel station/rest area."

the toll plaza is installed by the respondent. According to him, the installation of toll plaza is causing inconvenience to the petitioners as the same is installed on the land owned by the petitioners. 2.

Though the respondent nos. 2 & 4 served, the respondent no.2 has chosen not to file reply till this date. In view of request made by the learned Assistant Government Pleader, we grant time of four weeks to file reply.

3.

Stand over to 02.05.2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.