Vishwashankar Chakote v. Competent Authority And Dy Collector, Land Acquisition No. 11 And ORS

Shubhada S Kadam 19-wp-11369-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11369 OF 2024 Vishwashankar Chakote ... Petitioner versus Competent Authority and Dy.Collector, Land Acquisition No.11 and ors.

.... Respondents Mr. Vishwanath Patil along with Ms. Nidhi Chauhan, Advocates for the Petitioner.

Mr. J. P. Patil, AGP for the Respondent No.1-State. CORAM : R. M. JOSHI, J.

DATE : 21st AUGUST, 2024.

P.C. :

1.

Heard.

2.

Learned counsel for the petitioner submits that the competent authority under the National Highways Act 1956 (for short "1956 Act") instead of referring the issue of apportionment to the competent Civil Judge under Section 3H(4) of the 1956 Act has decided the said apportionment without any jurisdiction.

3.

Having regard to the provisions of Section 3H(4) of the 1956 Act, it is a fit case to stay the order impugned. Hence, till next date of hearing, there would be stay to the impugned order. 4.

Issue notice to the respondents returnable on 19th September 2024.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.08.21 18:25:55 +0530 (R. M. JOSHI, J.) SHUBHADA SHANKAR KADAM 1/1