Bombay High Court
Sheshrao Sakharam Lad vs The Union Of India And Others on 14 July, 2016
Bench: R.M. Borde
wp636.16.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 636 OF 2016
Sheshrao s/o Sakharam Lad
age 62 years, occ. Agriculture
r/o Antarwali (Sarati), Tq. Ambad
Dist. Jalna. .. PETITIONER
VERSUS
1. The Union of India
Through the Secretary
Ministry for Road Transport and Highways,
New Delhi
2.
The National Highway Authority of India
Through its Project Director,
Aurangabad Unit at Plot No. 24-B
N-4, CIDCO, Near Jay Bhawani Chowk
Aurangabad.
3. The Competent Authority
(Land Acquisition) / Dy. Collector,
Jalna.
4. Moti s/o Laxman Pawar
age 40 years, occ. Business
r/o Wadigodri, Tq. Ambad
Dist. Jalna. .. RESPONDENTS
Mr. B.R. Kedar, advocate for petitioner.
Mr. V.M. Kangne, AGP for the State.
Mr. D.S. Manorkar, advocate holding for Mr. M.V. Kini, advocate for
respondent no. 2.
Mr. V.D. Sapkal, advocate holding for Mr. A.M. Gholap and V.U. Udhan,
advocates for respondent no. 4.
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CORAM : R.M. BORDE &
K. L. WADANE, JJ.
DATE : 14th JULY, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
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2. Heard finally with the consent of learned counsel for the respective
parties.
3. Petitioner is objecting to the order of rejection of application under
National Highways Act, 1956, tendered by petitioner to the competent
authority for making reference of the dispute to the Civil Court in exercise of
powers under section 3-H(4) of the National Highway Act, 1956. Petitioner
claims his entitlement to the amount determined by the Highway authority
in respect of the acquired area.
4. It may not be necessary to go into the factual details of the
controversy raised by petitioner. Application tendered by petitioner to the
competent authority appears to be cryptic and does not give details in
respect of his grievance. It would be open for the petitioner to tender
appropriate application in the nature of plaint setting out his grievance in
detail to the competent authority within a period of two weeks from today.
On receipt of substituted application, the competent authority shall refer
the matter for decision to the Principal Civil Court of the original
jurisdiction within limits of whose jurisdiction the land is situate, within a
period of four weeks. The competent authority shall also transmit the
amount determined towards compensation excluding the amount already
received by respondent, to the Principal Civil Court of original jurisdiction.
On receipt of the reference, the Principal Court of civil jurisdiction shall
decide the reference as expeditiously as possible, preferably within a period
of one year from the date of receipt of reference. The issue in respect of
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permitting withdrawal of amount of compensation that would be raised by
either of the parties shall be dealt with by the Court and appropriate order
shall be passed within a period of three months from the date of receipt of
the application. The order impugned in the writ petition stands modified
accordingly. Rule is accordingly made absolute. No costs.
( K. L. WADANE ) ( R. M. BORDE )
JUDGE JUDGE
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