Raosaheb Baburao Amrute And ... vs The Sub Divisional Officer And ...
2021 Latest Caselaw 6355 Bom

Citation : 2021 Latest Caselaw 6355 Bom
Judgement Date : 8 April, 2021

Bombay High Court

Raosaheb Baburao Amrute And ... vs The Sub Divisional Officer And ... on 8 April, 2021

Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni

                                     1              938-wp 6084-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 6084 OF 2021

 Raosaheb Baburao Amrute
 and others                                                      .. Petitioners

          Versus

 The Sub Divisional Officer
 Land Acquisition Officer and
 Competent Authority Land Acquisition
 National Highway and others                                     .. Respondents

 Mr. R. S. Gangakhedkar, Advocate for the Petitioners.
 Mr. S. B. Yawalkar, Addl. G. P. for Respondent No. 9.

                               CORAM :    S. V. GANGAPURWALA &
                                          SHRIKANT D. KULKARNI, JJ.

DATED : 08th April, 2021.

PER COURT:-

. The objection filed by the petitioner under Section 3H(4) of the

Nation Highway Act is rejected. The learned counsel for the petitioners

submits that the petitioners had filed Civil Suit in the year 1993 for

partition and separate possession. The same was dismissed. The

petitioners preferred appeal bearing RCA No. 300/2001. The same is

allowed under judgment and order dated 14.06.2012. The petitioners

are entitled for 15/98th share. The acquired property was part and

parcel of the said suit. The objection has been rejected without properly

appreciating the decree passed by the Civil Court.

                                                                              1 of 2





                                     2               938-wp 6084-2021.odt

2. Issue notice to the respondents, returnable on 08.07.2021. The

learned A.G.P. waives notice for respondent No. 1.

3. Till the next date, the authority shall not disburse the amount to

the respondent Nos. 2 to 5 to the extent of 15/98th share.




 ( SHRIKANT D. KULKARNI )                         ( S. V. GANGAPURWALA )
         JUDGE                                              JUDGE




 P.S.B.




                                                                              2 of 2