LAWS(BOM)-2016-9-123

BALBHIM S/O VISHWANATH TAWASKAR Vs. COMPETENT AUTHORITY AND DEPUTY COLLECTOR, LAND ACQUISITION, MEDIUM PROJECT

Decided On September 02, 2016
Balbhim S/O Vishwanath Tawaskar Appellant
V/S
Competent Authority And Deputy Collector, Land Acquisition, Medium Project Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both the sides by consent for final disposal.

(2.) The petition is filed to challenge the order made by competent authority, Deputy Collector, appointed under the Land Acquisition Act for one project. The competent authority has referred the dispute to Reference Court which is raised by respondent No.2 against the present petitioner under the special Act, National Highways Act, 1956.

(3.) The submissions made and the record produced in this proceeding show that in acquisition proceeding land admeasuring 61 R which was standing in the name of present petitioners was acquired for construction and expansion of national highway. The compensation declared under the award is to be paid to the present petitioners as per the award. Respondent No.2, Anil Tawaskar made application before the competent authority under section 3H(4) of the National Highway At, 1956. Section 3-H(4) runs as under :