Balkrishna Lalji Metha Since Decd. Thr. Lrs. And ORS v. The Chief Engineer,National Highways Pwd, Kokan Bhawan, And ORS

bipin prithiani 903-wp-15913.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15913 OF 2024 Balkrishna Lalji Mehta since decd. through LRs & Ors.

...

Petitioners

Versus

The Chief Engineer, National Highways PWD, Konkan Bhawan & Ors.

...

Respondents BIPIN DHARMENDER PRITHIANI Date: 2026.01.22 10:26:12 +0530 BIPIN DHARMENDER PRITHIANI ****** Mr. Anil Sakhare, Senior Advocate, i/by Mr. Vivek V. Salunke for the Petitioners.

Mr. A. I. Patel. Addl. G. P. a/w Mrs. G. R. Raghuwanshi, AGP for Respondents.

****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.

DATE : 21st JANUARY 2026 P.C. :

.

Heard learned senior counsel appearing for the petitioners and the learned Addl. G. P. for respondent Nos.3 and 4. There is no appearance on behalf of respondent Nos.1 and 2 despite service.

2.

Having perused the documents available along with the writ petition, we are convinced that the petitioners have made out a case in their favour for allowing the writ petition and granting direction for disbursal of the amount of compensation determined as per the award, copy of which has been annexed to the writ petition. There does not appear to be any ground for respondents

bipin prithiani 903-wp-15913.24.doc to resist the prayers made on behalf of the petitioners. It appears that despite the quantum of compensation having been determined as far back as on 8th April 2024, the amount has not be disbursed and the petitioners are running from post to pillar for their own money. It is brought to our notice that land of the petitioners is already utilized for construction of road.

3.

We were inclined to allow the writ petition today itself, but for the fact that the learned Addl. G. P. submitted that an affidavit could be placed on record on behalf of respondent No.3competent Authority for Land Acquisition. It was submitted that the said Officer is currently appointed for election duties and in that light, a short adjournment may be granted to place an affidavit on record.

4.

By way of indulgence and as a matter of last chance, the respondent No.3 is granted time till 9th February 2026 to place affidavit on record. No further time shall be granted. 5.

List the petition for hearing/disposal on 12th February 2026, to be included in the supplementary list.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)