Pannalal S/O Raghoji Gurhadikar And Others v. The State Of Maharashtra Through Its Secretary, Public Works Department, Mumbai And Others

wp.3702.13 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.3702 of 2013 (Pannalal Raghoji Gurhadikar vs.

The State of Maharashtra, thr. its Secretqry and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.A. Naik, Advocate for the Petitioner.

Shri S.M. Uke, Additional Government Pleader for Respondent Nos.1&2. Shri A.A. Kathane, Advocate for Respondent Nos.3&4. CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATE : OCTOBER 23, 2015.

Heard Shri Naik, learned Advocate for petitioner, Shri Uke, learned Additional Government Pleader for respondent Nos.1 and 2 and Shri Kathane, learned Advocate for respondent Nos.3 and 4.

Perused the orders passed by this Court from time to time, particularly order dated 07/11/2014. Also perused counter affidavit filed on behalf of respondent No.4 vide Stamp No.11216/2015.

Respondent No.4 has stated that the street on which bypass road was to be constructed has been declared as National Highway and accordingly respondent No.4 will be constructing a National Highway upon it.

wp.3702.13 2/2 Prayer in the petition is to direct respondent Nos.1 to 3 to utilize the lands acquired from petitioners and other individuals for the purpose of construction of outer ring road connecting State Highway No.249 to National Highway No.69. In view of this prayer, learned Counsel for petitioners state that it is not very clear whether the lands of petitioners are being used for the said purpose, Advocate Shri Kathane as also learned Additional Government Pleader point out that compensation for subject land has been determined and petitioners can receive it.

It is not necessary to go into any other controversy at this stage. The respondents are using land acquired by them for constructing a National Highway upon it. As such, if the petitioners find that their lands have not been used for the said purpose and if any of their legal rights are violated, they can always make suitable grievance in accordance with law before the Competent Court.

Needless to mention that fact of determination or payment of compensation and other allied aspects having bearing on the controversy can be raised by respondents while defending such proceedings.

Therefore, keeping all such contentions of the parties open, we dispose of the writ petition.

JUDGE JUDGE *sdw