Disposed

Prabhakar Shankar Honrao v. the State of Maharashtra and Others

Bombay HC6 Jun 2023WP/3222/2022

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions concerning land acquisition compensation. It directed the resolution of a pending review application and continued interim relief thereof. Both petitions were closed, remitting the dispute to a competent Civil Court under the National Highways Act, saving the amount for the final outcome of the suit.

What did the court decide?

Both writ petitions disposed of; matter transferred to competent Civil Court under Section 3H(4) of National Highways Act; interim relief continued pending review decision.

Prabhakar Shankar Honrao Vs the State of Maharashtra and… — Land Acquisition | Bombay HC (2023)

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( 1 )

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913 wp 3222.22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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913 WRIT PETITION NO.3222 OF 2022

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PRABHAKAR SHANKAR HONRAO

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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941 WRIT PETITION NO.12573 OF 2021

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SHANKAR VISHWANATH DHONDAPURE AND ANOTHER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioners : Mr. Mohekar Ganesh V.
AGP for Respondents/State : Mr. S.W. Munde
Advocate for R/2 in WP/3222/22 : Mr. S.S. Deve

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Advocate for R/3 & 4 in WP/3222/22 and for R/4 to 8 in WP/12573/21 :
Mr. A.D. Gadekar
Advocate for R/2 in WP/12573/21 : Mr. R.B. Bhosale
Advocate for R/3 in WP/12573/21 : Mr. P.R. Tandale

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CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :6th June, 2023

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P.C. :-

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1.We have heard the brief submissions of the learned advocate for

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the respective sides.

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( 2 ) 913 wp 3222.22

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2.With regard to the first petition, the review application filed by the
petitioners is pending before respondent no.1. There is no dispute that a
decision on the said petition is likely to affect the rights of the parties in the
second petition, though the parties are united in submitting that the matter
could be referred to the competent authority under Section 3 H (4) of the
National Highways Act.

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3.We deem it appropriate to direct respondent no.1 in the writ
petition no.12573/2021 to decide the review petition / application on or before
31.07.2023. Writ Petition No.12573/2021 is therefore disposed off.

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4.In view of the above, the ad interim relief granted to the petitioner
in the petition no.12573/2021 vide order dated 17.11.2021, would continue
until the review application is decided. In the event of an adverse order being
passed against the petitioner, the said interim order would continue for a
further period of fifteen days.

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5.In so far as writ petition no. 3222/2022 is concerned, the learned
advocates for the litigating parties are united in submitting that this petition
may be disposed off and the dispute between the parties be referred to the
Court of competent jurisdiction under Section 3 H (4) of the National
Highways Act. The learned advocate for the acquiring authority submits that

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( 3 ) 913 wp 3222.22

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the money is already transmitted to the Civil Court having competent
jurisdiction.

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6.In view of the above, this petition is disposed off. All the
contentions of the litigating parties are kept open to be considered by the Court
to which the proceedings have been transferred under Section 3 H (4).

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7.Needless to state, the amount of compensation, save and except,
the amount withdrawn by respondent nos.3 and 4, shall remain with the
learned Civil Court to be disbursed only after the suit is decided.

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 [Y.G. KHOBRAGADE, J.][RAVINDRA V. GHUGE, J.]

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mub

Prabhakar Shankar Honrao v. the State of Maharashtra and Others

Case brief

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What did the court decide?

Prabhakar Shankar Honrao v. the State of Maharashtra and Others

Case brief

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