Bombay High Court
Hiraman Namdeo Lonare And Ors vs The Union Of India And Ors on 10 February, 2022
Bench: R.D. Dhanuka, S. M. Modak
Osk 4-WP-11932-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11932 OF 2019
Hiraman Namdeo Lonare & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
WITH
WRIT PETITION (ST.) NO. 892 OF 2020
WITH
WRIT PETITION (ST.) NO. 944 OF 2020
WITH
WRIT PETITION (ST.) NO. 945 OF 2020
WITH
WRIT PETITION (ST.) NO. 950 OF 2020
WITH
WRIT PETITION (ST.) NO. 951 OF 2020
WITH
WRIT PETITION (ST.) NO. 952 OF 2020
WITH
WRIT PETITION (ST.) NO. 954 OF 2020
WITH
WRIT PETITION (ST.) NO. 955 OF 2020
WITH
WRIT PETITION (ST.) NO. 1826 OF 2020
WITH
WRIT PETITION (ST.) NO. 1828 OF 2020
WITH
WRIT PETITION (ST.) NO. 1830 OF 2020
WITH
WRIT PETITION (ST.) NO. 1831 OF 2020
WITH
WRIT PETITION (ST.) NO. 1832 OF 2020
WITH
WRIT PETITION (ST.) NO. 1894 OF 2020
WITH
WRIT PETITION (ST.) NO. 3126 OF 2019
WITH
1/10
Osk 4-WP-11932-2019.odt
WRIT PETITION (ST.) NO. 3135 OF 2019
WITH
WRIT PETITION NO. 4277 OF 2014
WITH
WRIT PETITION (ST.) NO. 8296 OF 2019
WITH
INTERIM APPLICATION NO. 915 OF 2020
WITH
WRIT PETITION (ST.) NO. 8296 OF 2019
WITH
WRIT PETITION (ST.) NO. 8297 OF 2019
WITH
INTERIM APPLICATION NO. 911 OF 2020
IN
WRIT PETITION (ST.) NO. 8297 OF 2019
WITH
WRIT PETITION (ST.) NO. 8298 OF 2019
WITH
INTERIM APPLICATION NO. 1496 OF 2020
IN
WRIT PETITION (ST.) NO. 8298 OF 2019
WITH
WRIT PETITION (ST.) NO. 8299 OF 2019
WITH
INTERIM APPLICATION NO. 1555 OF 2020
IN
WRIT PETITION (ST.) NO. 8299 OF 2019
WITH
WRIT PETITION (ST.) NO. 8304 OF 2019
WITH
INTERIM APPLICATION NO. 876 OF 2020
IN
WRIT PETITION (ST.) NO. 8304 OF 2019
WITH
WRIT PETITION (ST.) NO. 8305 OF 2019
WITH
INTERIM APPLICATION NO. 866 OF 2020
IN
WRIT PETITION (ST.) NO. 8305 OF 2019
WITH
WRIT PETITION (ST.) NO. 7337 OF 2019
2/10
Osk 4-WP-11932-2019.odt
WITH
INTERIM APPLICATION NO. 1557 OF 2020
IN
WRIT PETITION (ST.) NO. 7337 OF 2019
WITH
WRIT PETITION (ST.) NO. 8363 OF 2019
WITH
INTERIM APPLICATION NO. 987 OF 2020
IN
WRIT PETITION (ST.) NO. 8363 OF 2019
WITH
WRIT PETITION (ST.) NO. 8365 OF 2019
WITH
INTERIM APPLICATION NO. 978 OF 2020
IN
WRIT PETITION (ST.) NO. 8365 OF 2019
WITH
WRIT PETITION (ST.) NO. 8532 OF 2019
WITH
INTERIM APPLICATION NO. 991 OF 2020
IN
WRIT PETITION (ST.) NO. 8532 OF 2019
WITH
WRIT PETITION NO. 7599 OF 2019
WITH
WRIT PETITION NO. 7596 OF 2019
WITH
WRIT PETITION (ST.) NO. 8542 OF 2019
WITH
INTERIM APPLICATION NO. 917 OF 2020
IN
WRIT PETITION (ST.) NO. 8542 OF 2019
WITH
WRIT PETITION (ST.) NO. 8591 OF 2019
WITH
INTERIM APPLICATION NO. 871 OF 2020
WITH
WRIT PETITION (ST.) NO. 8591 OF 2019
WITH
WRIT PETITION (ST.) NO. 8603 OF 2019
WITH
3/10
Osk 4-WP-11932-2019.odt
INTERIM APPLICATION NO. 977 OF 2020
IN
WRIT PETITION (ST.) NO. 8603 OF 2019
WITH
WRIT PETITION (ST.) NO. 8619 OF 2019
WITH
INTERIM APPLICATION NO. 976 OF 2020
IN
WRIT PETITION (ST.) NO. 8619 OF 2019
WITH
WRIT PETITION (ST.) NO. 8622 OF 2019
WITH
INTERIM APPLICATION NO. 993 OF 2020
IN
WRIT PETITION (ST.) NO. 8622 OF 2019
WITH
WRIT PETITION (ST.) NO. 8628 OF 2019
WITH
INTERIM APPLICATION NO. 975 OF 2020
IN
WRIT PETITION (ST.) NO. 8628 OF 2019
WITH
WRIT PETITION (ST.) NO. 8630 OF 2019
WITH
INTERIM APPLICATION NO. 869 OF 2020
IN
WRIT PETITION (ST.) NO. 8630 OF 2019
WITH
WRIT PETITION (ST.) NO. 8770 OF 2019
WITH
INTERIM APPLICATION NO. 916 OF 2020
IN
WRIT PETITION (ST.) NO. 8770 OF 2019
WITH
WRIT PETITION (ST.) NO. 8771 OF 2019
WITH
INTERIM APPLICATION NO. 990 OF 2020
IN
WRIT PETITION (ST.) NO. 8771 OF 2019
WITH
WRIT PETITION (ST.) NO. 8826 OF 2019
4/10
Osk 4-WP-11932-2019.odt
WITH
INTERIM APPLICATION NO. 914 OF 2020
IN
WRIT PETITION (ST.) NO. 8826 OF 2019
WITH
WRIT PETITION (ST.) NO. 8830 OF 2019
WITH
INTERIM APPLICATION NO. 989 OF 2020
IN
WRIT PETITION (ST.) NO. 8830 OF 2019
WITH
WRIT PETITION NO. 8113 OF 2019
WITH
INTERIM APPLICATION NO. 1617 OF 2020
IN
WRIT PETITION NO. 8113 OF 2019
WITH
WRIT PETITION (ST.) NO. 8914 OF 2019
WITH
INTERIM APPLICATION NO. 992 OF 2020
IN
WRIT PETITION (ST.) NO. 8914 OF 2019
WITH
WRIT PETITION (ST.) NO. 8917 OF 2019
WITH
INTERIM APPLICATION NO. 1616 OF 2020
IN
WRIT PETITION (ST.) NO. 8917 OF 2019
WITH
WRIT PETITION (ST.) NO. 8933 OF 2019
WITH
INTERIM APPLICATION NO. 1526 OF 2020
IN
WRIT PETITION (ST.) NO. 8933 OF 2019
WITH
WRIT PETITION NO. 8110 OF 2019
WITH
INTERIM APPLICATION NO. 1615 OF 2020
WITH
INTERIM APPLICATION NO. 877 OF 2020
IN
5/10
Osk 4-WP-11932-2019.odt
WRIT PETITION NO. 8110 OF 2019
WITH
WRIT PETITION (ST.) NO. 8943 OF 2019
WITH
INTERIM APPLICATION NO. 909 OF 2020
IN
WRIT PETITION (ST.) NO. 8943 OF 2019
WITH
WRIT PETITION (ST.) NO. 8957 OF 2019
WITH
INTERIM APPLICATION NO. 913 OF 2020
IN
WRIT PETITION (ST.) NO. 8957 OF 2019
WITH
WRIT PETITION NO. 5725 OF 2011
WITH
WRIT PETITION (ST.) NO. 9396 OF 2019
WITH
INTERIM APPLICATION NO. 820 OF 2020
IN
WRIT PETITION (ST.) NO. 9396 OF 2019
WITH
WRIT PETITION NO. 5235 OF 2014
WITH
WRIT PETITION NO. 2217 OF 2016
WITH
WRIT PETITION NO. 5611 OF 2011
WITH
WRIT PETITION NO. 5612 OF 2011
WITH
WRIT PETITION (ST.) NO. 15765 OF 2019
WITH
INTERIM APPLICATION NO. 875 OF 2020
IN
WRIT PETITION (ST.) NO. 15765 OF 2019
WITH
WRIT PETITION (ST.) NO. 17201 OF 2019
WITH
WRIT PETITION (ST.) NO. 23729 OF 2018
WITH
WRIT PETITION NO. 6250 OF 2019
6/10
Osk 4-WP-11932-2019.odt
WITH
WRIT PETITION (ST.) NO. 23201 OF 2019
WITH
WRIT PETITION NO. 870 OF 2020
WITH
WRIT PETITION NO. 308 OF 2020
WITH
WRIT PETITION NO. 148 OF 2010
WITH
WRIT PETITION (ST.) NO. 30746 OF 2019
WITH
WRIT PETITION NO. 233 OF 2020
WITH
WRIT PETITION (ST.) NO. 30895 OF 2019
WITH
WRIT PETITION NO. 234 OF 2020
WITH
WRIT PETITION (ST.) NO. 30898 OF 2019
WITH
WRIT PETITION (ST.) NO. 30958 OF 2019
******
Mr.P.N. Joshi a/w. Mr.P.B. Rahade for Petitioners in Writ Petition Nos.11932 of
2019, (St.) No. 3126 of 2019, (St.) No. 3135 of 2019, (St.) No. 8296 of 2019,
(St.) No. 8297 of 2019, (St.) No. 8298 of 2019, (St.) No. 8299 of 2019, (St.)
No. 8304 of 2019, (St.) No. 8305 of 2019, (St.) No. 7337 of 2019, (St.) No.
8363 of 2019, (St.) No. 8365 of 2019, (St.) No. 8532 of 2019, 7599 of 2019,
7596 of 2019, (St.) No. 8542 of 2019, (St.) No. 8591 of 2019, (St.) No. 8603
of 2019, (St.) No. 8619 of 2019, (St.) No. 8622 of 2019, (St.) No. 8628 of
2019, (St.) No. 8630 of 2019, (St.) No. 8770 of 2019, (St.) No. 8771 of 2019,
(St.) No. 8826 of 2019, (St.) No. 8830 of 2019, No. 8113 of 2019, (St.) No.
8914 of 2019, (St.) No. 8917 of 2019, (St.) No. 8933 of 2019, 8110 of 2019,
(St.) No. 8943 of 2019, (St.) No. 8957 of 2019, 5725 of 2011, (St.) No. 9396
of 2019, 5235 of 2014, 2217 of 2016, 5611 of 2011, 5612 of 2011, (St.) No.
15765 of 2019, (St.) No. 17201 of 2019, (St.) No. 23729 of 2018, 6250 of
2019, (St.) No. 23201 of 2019, 870 of 2020, 308 of 2020, 148 of 2010, (St.)
No. 30746 of 2019, 233 of 2020, (St.) No. 30895 of 2019, 234 of 2020, (St.)
No. 30898 of 2019 & (St.) No. 30958 of 2019.
Osk 4-WP-11932-2019.odt
Mr.Rameshwar N. Gite for Petitioners in (St.) No. 892 of 2020, (St.) No. 944
of 2020, (St.) No. 945 of 2020, (St.) No. 950 of 2020, (St.) No. 951 of 2020,
(St.) No. 952 of 2020, (St.) No. 954 of 2020, (St.) No. 955 of 2020, (St.) No.
1826 of 2020, (St.) No. 1828 of 2020, St.) No. 1830 of 2020, (St.) No. 1831
of 2020, (St.) No. 1832 of 2020 & (St.) No. 1894 of 2020.
Mr.Sandip D. Shinde for Petitioners in WP No.4277 of 2014.
Mr.Rajan S. Pawar, A.G.P. for State in all Writ Petitions.
Mrs.S.V. Bharucha i/b. Mr.A.A. Ansari for Respondent No.1 in WP No. 11932
of 2019.
Mrs.Neeta V. Masurkar a/w. Ms.Nieyaati Masurkar for Respondent No.1 in WP
(St.) No.8933 of 2019, (St.) No. 8622 of 2019, (St.) No. 8698 of 2019, (St.)
No. 8943 of 2019, (St.) No. 8299 of 2019, (St.) No. 8365 of 2019, (St.) No.
8591 of 2019, (St.) No. 8542 of 2019, (St.) No. 8917 of 2019 and (St.) No.
8297 of 2019.
Mr.Rakesh L. Singh a/w. Mr.S.D. Shetty i/b. M.V. Kini & Co. for Respondents
i.e. National Highway Authority of India.
Mr.M.S. Bhardwaj for Respondent No.1 in Writ Petition (St) No. 8365 of 2019,
(St.) No. 8532 of 2019.
Mr.Akash K. Kotecha for Respondent No.1 in Writ Petition Nos. (St.) No.23729
of 2018, 6250 of 2019, 308 of 2020.
Mr.Pranil Sonawane, Mr.Yashodeep Deshmukh, Ms.Vaidehi Deshmukh and
Ms.Sonali Pawar i/b. Mr.A.A. Ansari for Respondent No.1.
******
CORAM : R. D. DHANUKA &
S. M. MODAK, JJ.
DATE : 10th FEBRUARY 2022.
(Through Video Conference)
Osk 4-WP-11932-2019.odt
P.C. :-
1. Mr.Gite, learned counsel for the Petitioners in Writ Petitions
bearing (St.) No. 892 of 2020, (St.) No. 944 of 2020, (St.) No. 945 of 2020,
(St.) No. 950 of 2020, (St.) No. 951 of 2020, (St.) No. 952 of 2020, (St.) No.
954 of 2020, (St.) No. 955 of 2020, (St.) No. 1826 of 2020, (St.) No. 1828 of
2020, St.) No. 1830 of 2020, (St.) No. 1831 of 2020, (St.) No. 1832 of 2020 &
(St.) No. 1894 of 2020 seeks amendment in the body of the Petition and also
in the prayers. Mr.Singh, learned counsel for the Respondent-National
Highway Authority has not objection if the amendment is permitted.
Statement is accepted.
2. Leave to amend is granted. Amendment be carried out within one
week from today. Amendment shall also be carried out in the copies supplied
to the Respondents simultaneously.
3. Learned counsel for the Petitioners agrees to furnish a list of other
pending matters, which are identical matters to the matters on board today at
Sr.No.4, to the Sheristedar of this Court within 3 days from today. A list of
such matters shall also be furnished to the Respondents simultaneously.
4. In so far as Writ Petition No. 1193 of 2020 and few other matters
in which Mr.Joshi appears for the Petitioners states that the issue involved in
these Petitions are already concluded by the Judgment of the Hon'ble
Supreme Court in the case of Union of India & Another Vs. Tarsem Singh &
Osk 4-WP-11932-2019.odt
Others, reported in (2019) 9 SCC 304 and by the Clarificatory Order dated
30th July 2021 passed by the Hon'ble Supreme Court in Misc. Application
Diary No. 2572 of 2020.
5. Mr.Singh, learned counsel for National Highway Authority seeks
time to verify whether any applications filed by the Petitioners are pending
before the Competent Authority or before the Arbitrator and to prepare a
Chart showing the position in each matter. Affidavit-in-Reply, if any, shall be
filed within one week from today with a copy to be served upon the
Petitioners Advocate simultaneously. It is made clear that, further extension of
time would not be granted.
6. Place these matters on board for hearing and final disposal on
16th March 2022 at 2.30 pm.
[S. M. MODAK, J.] [R. D. DHANUKA, J.]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date: 2022.02.11
11:44:22 +0530
