SHANTINAGAR ZOPADPATTIDHARAK SANGH Vs. COMPETENT AUTHORITY AND DEPUTY

JUDGEMENT

(1.) Rule. The learned AGP waives service for Respondent Nos. 1 and 2. Learned Counsel appearing for Respondent No. 3 (National Highway Authority) and for Respondent Nos. 4(a) to 4(f) waive service. Rule made returnable forthwith. Taken up for final disposal by consent of the parties.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioners are seeking a writ to quash and set aside the impugned order dtd. 20/01/2020, passed by Respondent No. 1 - Competent Authority under the National Highways Act, 1956 whereby the Petitioners' claim to share in land-compensation is rejected. The Petitioners are also seeking an appropriate writ directing the Respondent authorities to recover back the compensation (with interest) already paid to the Respondent-land owners [Respondent Nos. 4(a) to 4(f)] granted under sec. 3(G) of the National Highways Act, 1956 passed under original compensation order dtd. 08/05/2015 and supplementary compensation order dtd. 15/07/2017 and deposit the same in the Court or appropriate authority, for lawful apportionment.

(3.) It is the case of the Petitioners that they are 10 out of a total of about 60 slum-dwellers on the subject matter land, which is a land portion admesauring 1436 sq. mtrs. situated at Gat No. 98-A (part) of village Kasbe Solapur (Shelgi), Taluka- North Solapur, District-Solpaur.