Shamrao Bhimrao Jadhav And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 10131 Bom

                                                                     7225.20wp
                                   (1)

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                     16 WRIT PETITION NO.7225 OF 2020

          SHAMRAO BHIMRAO JADHAV AND ANOTHER
                               VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                   ...
 Mr I. G. Durrani, Advocate for petitioners;
 Mr S. B. Yawalkar, A.G.P. for respondent Nos.1,2 & 4

                               CORAM : RAVINDRA V. GHUGE
                                              AND
                                       S. G. MEHARE, JJ.

DATE : 2nd August, 2021

PER COURT:

1. The petitioners submit that their lands bearing Gut Nos.909 and

47, situated at village Shivna, Tq. Sillod, Dist. Aurangabad are being

taken over for a National Highway by the authorities under the

National Highways Act, 1956, without acquiring the said lands.

Earlier it was a State Highway No.53. Now it has been declared as a

National Highway 753E.

2. Issue notice to the respondents, returnable on 13th September,

2021. The learned A.G.P. waives service of notice on behalf of

respondent Nos.1, 2 and 4.

7225.20wp

3. Since a public project is involved, keeping in view the

reportable judgment of the Honourable Apex Court in the matter of

the Project Director, National Highways Nos.45 E and 220

National Highways Authority of India Vs. M. Hakim and another,

2021 SCC OnLine SC 473, restraining the High Courts in interfering

in the public projects by granting interim reliefs, it be noted that if the

said lands of the petitioners are affected by the development of the

National Highway No.753E, they would be entitled for the reliefs as

may be prescribed by the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

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