Kailasnath Krishnarao Waghdhare ... vs Smt. Shital Deshmukh, Deputy ...
2021 Latest Caselaw 767 Bom

910-CP-345-19                                                                                                                1/2



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH, NAGPUR

                                    CONTEMPT PETITION NO.345 OF 2019
                                                    IN
                                     WRIT PETITION NO.316 OF 2017 (D)

  Kailashnath Krishnarao Waghdhare, Suman Vihar, Kamptee Road, Bhilgaon Nagpur and anr.
                                                -vs-
   Shital Deshmukh, Dy. Collector, Special Land Acquisition General, Nagpur and Competent
         Authority for acquisition of Lands for National Highways, Collectorate, Nagpur
                                                             WITH
                                 CONTEMPT PETITION ST. NO.5593 OF 2020
                                                   IN
                                    WRIT PETITION NO.316 OF 2017 (D)

   Kamalnath Krishnarao Waghdhare, Suman Vihar, Kamptee Road, Bhilgaon Nagpur and anr.
                                                              -vs-
    Shital Deshmukh, Dy. Collector, Special Land Acquisition General, Nagpur and Competent
           Authority for acquisition of Lands for National Highways, Collectorate, Nagpur
---------------------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.


                                  Shri Aniket Waghdhare, Advocate for petitioners.
                                  Ms Sangita Jachak, Assistant Government Pleader for respondent.

                                  CORAM : A. S. CHANDURKAR AND N. B. SURYAWANSHI, JJ.

DATE : January 13, 2021

The award seeking to acquire lands of the petitioners under provisions of National Highways Act, 1956 was put to challenge in W.P.No.316/2017. This Court by the judgment dated 28/03/2019 set aside the said award and directed the acquiring body to determine the compensation payable in respect of land owned by the petitioners as per the market value as on the date of taking over possession. This was directed to be done in accordance with Section 3(E) of the said National Highways Act, 1956.

By communication dated 09/12/2020 the Project Director has written to the Deputy Collector (Acquisition) that further steps in terms of Section 3(G)3 of the said Act would be required

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to be taken.

The learned Assistant Government Pleader to obtain instructions as to the developments after 09/12/2020.

Put up on 20/01/2021.

                                    JUDGE                       JUDGE




Asmita