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Bombay High CourtWP/356/2021disposedoff

Sangita Sushilkumar Agrawal And Another v. National Highways Auth. Of India, Thr. Ministry Of Road Transport And Highways, New Delhi And Other

2021-01-19Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Anil S. Kilor2 pages

1 / 2 952-WP 356.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 356 OF 2021 Sangita Sushilkumar Agrawal -- Petitioner vs.

National Highways Authority of India and others --Respondents Mr. Naresh Kolhe, Advocate for the Petitioner. Ms. Ketaki Joshi, I/c. Government Pleader for the Respondent Nos.2, 3 and 4.

CORAM : NITIN JAMDAR & ANIL S. KILOR, JJ.

DATED : 19 JANUARY 2021 P. C. :

Heard the learned counsel for the Petitioner and the learned Government Pleader.

2.

The Respondent - National Highway Authority of India is not represented, however, for the order that we propose to pass, it is not necessary to issue notice to it. 3.

The Petitioner submits that the Respondent National Highway Authority is acquiring the land owned by the Petitioner, however, the correspondence is being made with persons other than the Petitioner in respect of the payment of compensation. KOLHE

2 / 2 952-WP 356.2021 This aspect would entail a factual inquiry. The learned counsel for the Petitioner states that the factual aspects are placed before the Respondent - National Highway Authority by way of a representation made on 24 February 2020, which has not been answered.

4.

That being the position, we direct the Respondent - National Highway Authority of India to take a decision upon the representation made by the Petitioner on 24 February 2020. 5.

The Petitioner will supply a copy of the Petition to the National Highway Authority of India along with copy of the order. After receipt of the order and copy of the Petition, the decision be taken within a period of 08 weeks.

6.

Since the Respondent National Highway Authority of India not represented before us, we make it clear that the decision would be as per law and on its own merits.

7.

Writ Petition is accordingly disposed of.

[ ANIL S. KILOR, J. ] [ NITIN JAMDAR, J. ] KOLHE