Sakhahari Dada Jadhav And Others vs The Union Of India Through ...
2021 Latest Caselaw 7537 Bom

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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.6435 OF 2021

 Sakhahari Dada Jadhav & others                                           Petitioners

          Versus

 The Union of India & others                                              Respondents


 Mr.V.Y.Bhide, advocate for the Petitioners.
 Mr.R.V.Bangar, Standing Counsel for Respondent No.1.
 Mr. A.A.Jagatkar, AGP for Respondents No.3, 5 & 6.



                                          CORAM : V.K.JADHAV, J.

                                          DATE     : 07th June, 2021.

 PC :

 1                Heard.



 2                Leave to add Project Offcer and Executive Engineer,

National Highways, as party respondents.

3 This pertains to acquisition of land bearing

G.No.617/2, situate at Mouje Hivargaon Pavasa, Tq. Sangamner,

District Ahmednagar, under Section 3-D of the National Highways

Act, 1956, for widening of NH-50 Pune-Nasik Highway.

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4 Learned Counsel for the petitioners submits that after

conducting inquiry and after considering objections, Respondent

No.4-Competent Authority has been pleased to pass

judgment/award on 23.10.2015. The learned Counsel submits

that though the consolidation scheme implemented in the year

1975 in village Hivargaon Pavasa, it was not challenged by anyone

including Respondent No.7 or his family members till today. The

competent authority has considered the same and passed the

impugned order directing recovery of possession so also further

directing the petitioners herein to deposit the amount, which has

been paid to them in terms of clause 3 of the operative part of the

order. The learned Counsel submits that the Respondent-

Competent Authority has exceeded its jurisdiction.

5 In view of the above submissions, issue notice to the

respondents, returnable on 02nd August, 2021.

6 The learned AGP waives notice on behalf of

Respondents No.3, 5 and 6 and Mr.R.V.Bangar, advocate waives

notice on behalf of Respondent No.1.

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7 Till the next date of hearing, there shall be

interim relief in terms of prayer clause "D".

(V.K.JADHAV) JUDGE

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