Madhvi Madan Gavali Alias Balubai Alias Balabai Kondiba Mane And ORS v. Competent Authority Deputy Collector And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12365 OF 2023 Digitally signed by LAXMI SUBHASH SONTAKKE Date:

2023.10.10 14:58:40 +0530 LAXMI SUBHASH SONTAKKE Madhvi Madan Gavali @ Balubai @ Balabai Kondiba Mane & Ors.

.. Petitioners

Versus

Competent Authority Deputy Collector & Ors.

.. Respondents Mr. Suhas Deokar a/w Atmaram Patade, Shikha, Suraj Naik, Pranav Manjrekar, Shalaka Shinde i/b. Atmaram Patade, Advocates for the Petitioners.

Mr. Akshay Shinde, 'B' Panel Advocate for the State.

CORAM

: B. P. COLABAWALLA & M. M. SATHAYE, JJ.

DATE : OCTOBER 09, 2023 P. C.

1.

Thought various reliefs are sought in the above Writ Petition, the learned Counsel appearing on behalf of the Petitioners has stated that the above Writ Petition can be disposed of by giving directions to the Competent Authority not to disburse the amount of compensation set out in the Award dated 29th October, 2021 without first deciding the objections dated 3th June, 2023 filed by the Petitioners under Section 3H(3) of the National Highways Act, 1956, and which is annexed at Exhibit-I [Page-86] of the Petition. OCTOBER 09 2023 Laxmi

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On an inquiry made to the learned AGP, we are informed that no amount has been disbursed till date to any party under the Award.

3.

In these circumstances, we dispose of the above Writ Petition by directing that the Competent Authority shall not disburse any amount to any party until they decide and rule on the objection filed by the Petitioner under Section 3H (3) of the National Highways Act, 1956.

4.

The above Writ Petition is disposed of in the aforesaid terms. No order as to costs.

5.

Personal Assistant of this Court. All concerned will act on production by [ M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] OCTOBER 09 2023 Laxmi