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Bombay High CourtCAO/352/2015admittedallwdgrantedrule absolute

The Court On Its Own Motion v. The Chief Engineer National Highway Authority Of India, Nagpur

2015-06-24Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Kum. Justice Indira Jain3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR PIL No. 88 of 2013 The Court's on its own Motion vs. The National Highway Authority of India and others.

Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Shri N.A.Padhye, amicus curiae for petitioner.

Shri A.M.Ghare, Adv. With A.A.Kathane, Adv. For R-1 and 2.

Smt. Bharti Dangre, G.P. For R-4,5,7,8 to 10 Shri Rohit Deo,ASGI for R-6 Shri Khajanchi, Adv. For intervener.

Shri Mandlekar, Adv. For interveners.

CORAM: B.R.GAVAI & INDIRA K. JAIN, JJ DATE : 24.6.2015 Smt. Bharti Dangre, the learned Government Pleader states that though the categorical statement was made before this Court on 10 th June, 2015 that the Government of Maharashtra has decided to withdraw the order dated 8 th May, 2015, it took some time to withdraw the order in as much as some time took in consultation to the Law and

24062015pilno.88.2013 2 Judiciary Department and ultimately the order has been withdrawn on 22 nd June, 2015.

We could have taken serious view of the matter in as much as impression was given to this court that the order is being withdrawn immediately. The said impression was not carried into effect. However, now since the order has already been withdrawn, we do not propose to precipitate the matter. The amount of Rs. 45,77,796/- to be deposited to the Ad hoc CAMPA and Rs. 85,34,353/- to be deposited to FDCM against the expenditure of tree cutting in the diverted forest land and towards damages to the area of FDCM, shall be deposited within a period of one week from today. In that view of the matter, in accordance with the earlier orders passed by this Court, the authorities would be free to proceed with the felling of the tress. CAO No. 352 of 2015 in PIL No. 88 of 2013:

The application is allowed. The applicant is permitted to intervene.

JUDGE JUDGE patle

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