Sangita Shahajirao Panashe Patil v. State Of Maharashtra And ORS

4 wp1254-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.03.24 17:53:16 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO.1254 OF 2022 Sangita Shahajirao Panashe-Patil ..... Petitioner Vs.

The State of Maharashtra and Ors.

..... Respondents Mr.Amit Jamsandekar a/w Ms.Archita Gharat i/b Mr.Prabhakar Jadhav for the petitioner Mr.R.S.Pawar, A.G.P. for the respondent nos.1 and 2 Mr.Ajit Hon i/b M/s.PNP Associates for the respondent no.3 Mr.Rupesh Bobade for the respondent nos.4 to 6

CORAM:

S.V.GANGAPURWALA & VINAY JOSHI , JJ.

DATED :

MARCH 23, 2022 P.C.

.

Heard.

2.

The learned counsel for the petitioner submits that the petitioner has raised objection referable to the section 3H(4) of the National Highways Act, 1956 on 15.09.2021. Follow up application was given on 24.12.2021. The same is not yet decided.

3.

The learned A.G.P. for the respondent nos.1 and 2 submits that in case the application / objection of the Mohite 1/2

4 wp1254-22.odt petitioner is not yet decided, the same would be decided on its own merits. In case the application of the petitioner (Exhibit 'E' page 45) is pending with respondent no.2, then the respondent no.2 shall decide the same on its own merits in accordance with law after hearing all the parties concerned, preferably within four months.

4.

Further decision with regard to the payment of compensation be taken in tune with the decision that will be taken by respondent no.2.

5.

Parties shall appear before the Competent Authority on 05.04.2022.

6.

Competent Authority shall decide the proceedings preferably within three months from the date of appearance of the parties before it.

7.

Competent Authority is not required to issue notice as the date of appearance is already given by this court. 8.

Writ Petition stands disposed of. No costs.

(VINAY JOSHI, J.) (S.V.GANGAPURWALA, J.) Mohite 2/2