Vidhyadhar Sitram Mestry and Ors. v. State of Maharashtra through Gp. and Ors.
Case brief
What is this about?
Bombay HC (Kolhapur Circuit Bench) | W.P. No.2611 of 2022 | Decided 01-12-2025 | Coram: M.S. Karnik & Ajit B. Kadethankar, JJ. (order per M.S. Karnik, J.) | Section 3-H National Highways Act 1956: competent authority (respondent No.2) could not itself decide entitlement/apportionment of shares by order dated 09-01-2020; impugned order set aside; dispute directed to be referred to Principal Civil Court under s.3-H; reference within statutory period; disbursement subject to Civil Court; petition disposed, no costs.
What did the court decide?
Impugned order dated 9 January 2020 set aside; respondent No.2 directed to refer the dispute regarding entitlement and apportionment of shares to the Principal Civil Court in accordance with section 3-H of the National Highways Act, 1956, at the earliest and within the period prescribed by the Statute; the Competent Court not to be influenced by any findings in the set-aside order; any disbursement subject to the order of the Civil Court; no order as to costs.