National Highways Authority Of ... vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9094 Bom

                                                 13-aspil9368-2021


AGK
      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO.9368 OF 2021


National Highways Authority
of India                               ...Petitioner
        V/s.
The State of Maharashtra & Anr.        ...Respondents



Mr. Anil Singh, Additional Solicitor General with Mr.
Rakesh Singh i/by M. V. Kini & Co. for the
petitioner.
Mr. P. P. Kakade, Government Pleader with Mr. M.
M. Pabale, AGP for State.
Mr. Rui Rodrigues with Mr. M. Adhikary i/by Ms.
Anamika Malhotra for respondent no. 2.
Mr. Rohan Kelkar with Mr. Sheetal Shah i/by M/s.
Mehta & Girdharilal for respondent no. 3.
Ms. Jaya Bagwe for respondent no. 4 (MCZMA)


                      CORAM: DIPANKAR DATTA, CJ. &
                             MADHAV J. JAMDAR, J.

                      DATE:        SEPTEMBER 12, 2022

P.C.:

1. Mr. Kelkar, learned counsel for the respondent no. 3 submits that the hearing of this writ petition may be adjourned for a period of two (2) weeks since the respondent no. 3 proposes to carry the judgment and order dated 29th October, 2021 passed in Writ Petition No. 759 of 2021 in appeal before the Supreme Court.

13-aspil9368-2021

2. We place on record that it is otherwise not in dispute that the issue raised in this writ petition is covered by the aforesaid judgment and order dated 29th October 2021. We make it clear that if the respondent no. 3 fails to obtain an order staying the operation of the judgment and order dated 29th October, 2021 by the next date, we may dispose of this writ petition at the admission stage on the next date.

3. List the petition on 26th September, 2022 (High on Board).

                         (MADHAV J. JAMDAR, J.)                   (CHIEF JUSTICE)
           Digitally
           signed by
           ATUL
ATUL       GANESH
GANESH     KULKARNI
KULKARNI   Date:
           2022.09.13
           14:44:22
           +0530