Charan S/O Prakashchand Kankariya And Another v. The N.H.A.I., Ministry Of Shipping, Road Transport And Highway, Thr. Project Director And ORS

wp3229.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.3229 OF 2025 ( Charan s/o Prakashchand Kankariya and another Vs. The National Highway Authority of India and others ) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms S.O.Tapdiya, Advocate for petitioners.

Ms. Kavati H.Bhondge AGP for respondent no.3/State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 30 th JULY, 2025.

1.

Heard Ms. S.O.Tapdiya, learned counsel for the petitioners.

2.

The primary grievance of the petitioners is against the condition imposed by the Additional Commissioner under National Highways Act, 1956, while allowing their amendment application to the effect of seeking waiver of interest. 3.

The learned counsel for the petitioners submits that the claimants, whose lands have been acquired, are entitled to statutory interest and the impugned condition is arbitrary and illegal. She further submits that by way of amendment, the petitioners have, in fact, sought to reduce their claim and, therefore the condition imposed by the Additional Commissioner is arbitrary and unsustainable.

4.

Issue notice to the respondents returnable after four weeks.

5.

Learned Assistant Government Pleader waives service of notice on behalf of the respondent no.3.

wp3229.25.odt 2/2 6.

The learned counsel for the petitioners submits that the matter is listed for final hearing on 8th August, 2025. 7.

In the event, the petitioners move an application seeking adjournment for hearing, the Authority is directed to consider the same favourably.

(PRAFULLA S. KHUBALKAR, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 30/07/2025 18:08:52