Mahadev Hasha Patil And And ORS v. Competent Authority And Sub Divisional Officer And ORS

KAWRE KIRAN KALYAN 909-WP-17867-2024 (C).DOC KAWRE KIRAN KALYAN Date: 2024.12.11 17:22:35 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17867 OF 2024 Mahadev Hasha Patil And And Ors.

...Petitioners

Versus

Competent Authority And Sub-Divisional Officer And Ors.

...Respondents

_______ Mr. Kishor Patil i/b Akshada Nagrale for Petitioner. Mr Leena Patil for Respondent No.3.

Mr. M. S. Bane, AGP for State.

Mr. Rakesh Singh a/w Ms. Heena Shaikh i/b M. V. Kini& Co. for Respondent No.2.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

06 DECEMBER 2024 P.C.

1. We have heard learned counsel for the parties. This petition is filed with the only substantive prayer being prayer clause (a) which reads thus: "(a) Issue appropriate Writ / Order to direct the Respondent Nos.1 & 2 to pay compensation to the Petitioners for the house structures, trees well and borewell situated on S. No.24/1 situated at villate-Kashidkopar, Tal-Vasai, District - Palghar."

2. Admittedly, the petitioners land stands acquired for the National Highway, under the National Highways Act, 1955. An Award in that regard was rendered on 21 December 2019. The petitioner has also received 06 December 2024 Kiran Kawre

909-WP-17867-2024 (C).DOC compensation. After all this has happened, the grievance of the petitioner is that certain structures, trees, well and borewell etc., are not accounted for or considered in the award.

3. We are not inclined to accept such contentions. If the petitioner has grievance in regard to the quantum of the compensation being awarded, on the basis of the materials prior to the award, it was for the petitioner to raise the same in appropriate proceedings. Admittedly, the land has stood vested in National Highway Authority for the public works in question, namely, work of National Highway which is in progress.

4. In this view of the matter, we are not inclined to interfere in this petition. However, the petitioner is at liberty to avail any remedy which may be available to the petitioner to challenge the quantum of the compensation as awarded on any grounds as may be permissible in law.

5. All contentions in that regard are expressly kept open.

6. Disposed of. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.) 06 December 2024 Kiran Kawre