Bombay High Court
Sujyoti Developers Pvt. Ltd And Anr vs The Competent Authority And Sub ... on 21 October, 2022
Author: Sharmila U. Deshmukh
Bench: Nitin Jamdar, Sharmila U. Deshmukh
rsk 1 1-8-42-902--WP-3551-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3551 OF 2021
Sujyoti Developers Pvt. Ltd. & Anr. ...Petitioner
vs.
The Competent Authority and Sub
Divisional Officer Kalyan and Ors. ...Respondents.
WITH
WRIT PETITION NO.1114 OF 2021
Hemlata Bhawanji Nagda ...Petitioner
vs.
Union of India and Ors. ...Respondents.
WITH
WRIT PETITION NO.5576 OF 2021
Sangita Deepak Pisal and Anr. ...Petitioners
vs.
State of Maharashtra and Ors. ...Respondents.
WITH
WRIT PETITION NO.9527 OF 2021
Prabhakar S/o Baburao Adsul and Anr. ...Petitioners
vs.
Digitally
signed by
RAJESHWARI
RAJESHWARI SUBODH
The Competent Authority cum Deputy
SUBODH KARVE
KARVE Date:
2022.11.14
18:19:46
+0530
Collector and Ors. ...Respondents.
rsk 2 1-8-42-902--WP-3551-21.doc
WITH
WRIT PETITION NO.9579 OF 2021
WITH
INTERIM APPLICATIONS (ST)
Chhagan Ramchandra Pondkule and Ors. ...Petitioners
vs.
Dhanaji Dinkar Jadhav and Ors. ...Respondents.
WITH
WRIT PETITION NO.8783 OF 2022
Hareshwar Atmaram Pimple and Ors. ...Petitioners
vs.
The Competent Authority and
the Sub-Divisional Officer, Palghar
and Anr. ...Respondents.
WITH
WRIT PETITION NO.9518 OF 2022
Suman Dinkar Waringe and Ors. ...Petitioners
vs.
State of Maharashtra and Ors. ...Respondents.
WITH
WRIT PETITION NO.9793 OF 2022
Tejas Surendra Khandhar ...Petitioners
vs.
State of Maharashtra and Anr. ...Respondents.
WITH
WRIT PETITION NO.11446 OF 2022
rsk 3 1-8-42-902--WP-3551-21.doc
Mangesh Madhukar Patil and Ors. ...Petitioners
vs.
The Competent Authority and
the Sub Divisional Officer and Ors. ...Respondents.
WITH
WRIT PETITION NO.5379 OF 2022
Chandrakant Balaram Gaikar and Ors. ...Petitioners
vs.
The Competent Authority and
Sub-Divisional Officer, Kalyan, Mumbai
and Ors. ...Respondents.
WITH
WRIT PETITION NO.11210 OF 2022
Savitri Dharma Ubarsade ...Petitioner
vs.
The Competent Authority cum
Sub Divisional Officer Vasai and Ors. ...Respondents.
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902)WRIT PETITION NO.11210/2022
Mr.S.S.Redekar for the petitioner
Mr.Vishal Patil for R Nos.2 to 6 & 9 to 11
Mrs.M.S.Bane, AGP for the respdt.-state
1)WRIT PETITION NO.3551/2021 WITH
WRIT PETITION NO.1114/2021
Mr.Ashwin Sawlani i/b Mr.Chinmay Acharya for the petitioner in WP/
1114/21 & R.No.5 in WP/3551/2021
Mr.Tushar Kadam i/b MDP & Partners for the petitioner in
WP/3551/2021
Ms.Heena Shaikh a/w Mr.Rakesh Singh i/b M.V.Kini & co.for
rsk 4 1-8-42-902--WP-3551-21.doc
Respdt.No.47-NHAI
Mr.Balwant Salunke for the R.No.3 in WP/3551/21
Mr.Shubham Misar for the R.Nos.11, 14 to 17, 23 to 25, 28, 37 & 39
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Smt.M.S.Bane,AGP & Ms.Sneha Bhange for the Respdt.-
State
2)WRIT PETITION NO.5576/2021
Mr.Sushil Inamdar for the petitioner
Mr.Abhijit B.Kadam for the R.No.4 to 6
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Smt.M.S.Bane, AGP & Ms.Sneha Bhange for the Respdt.-
State
3)WRIT PETITION NO.9527/2021
Mr.Rajiv Chavan, Senior Advocate a/w Ms.Priyanka Chavan i/b
Mr.Milind Deshpande for the petitioner
Mr.Atul Damle, Senior Advocate with Ms.Deepali Patankar for the
Respdt.
Mr.R.S.Pawar, AGP for the State.
4)WRIT PETITION NO.9579/2021 WITH
IAST/16110/2022 IN WP/9579/2021 WITH
IAST/16107/2022 IN WP/9579/2021 WITH
IAST/16103/2022 IN WP/9579/2021 WITH
IAST/16102/2022 IN WP/9579/2021
Mr.K.P.Shah for the petitioner
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Mr.N.K.Rajpurohit, AGP & Ms.Sneha Bhange for the
Respdt.-State
Mr.Gurubala Birajdar for R.Nos.2 to 5 & 7 to 8
Mr.Amol L.Dhumal for the R.No.9
rsk 5 1-8-42-902--WP-3551-21.doc
5)WRIT PETITION NO.8783/2022
Mr.P.M.Arjunwadkar for the petitioner
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Mr.N.K.Rajpurohit, AGP & Ms.Sneha Bhange for the
Respdt.-State
Mr.Bhushan Walimbe for the R.No.2
Mr.A.Y.Sakhare, Senior Advocate with Ms.Preeti Walimbe for R.No.2
6)WRIT PETITION NO.9518/2022
Mr.Atul Damle, Sr.Adv i/b Mr.Rupesh Lanjekar for the petitioner
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Mr.N.K.Rajpurohit, AGP & Ms.Sneha Bhange for the
Respdt.-State
Mr.Sachin Deokar for R.No.4
Mr.Tejas A.Mane for R.no.5
7)WRIT PETITION NO.9793/2022
Mr.Murtuza Najmi a/w Mr.Deepak Shukla i/b Ms.Daya S.Jadhav for
the petitioner
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.P.P.Kakade,Government Pleader a/w Mr.V.S.Gokhale, B Panel
counsel a/w Mr.N.K.Rajpurohit, AGP & Ms.Sneha Bhange for the
Respdt.-State
Mr.Vishal Patil for R No.3
8)WRIT PETITION NO.11446/2022
Mr.P.M.Arjunwadkar for the petitioner Mr.A.A.Kumbhakoni,
Advocate General a/w Mr.P.P.Kakade,Government Pleader a/w
Mr.V.S.Gokhale, B Panel counsel a/w Mr.N.K.Rajpurohit, AGP &
Ms.Sneha Bhange for the Respdt.-State
rsk 6 1-8-42-902--WP-3551-21.doc
42)WRIT PETITION NO.5379/2022
Mr. Vishal Patil for the petitioner.
Mr. A. I. Patel, Addl. Government Pleader a/w. Mrs. M. S. Bane, AGP
for the Respdt-State.
Mr. Hemant Ghadigaonkar for the Respondent No.2 to 6.
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CORAM : NITIN JAMDAR &
SHARMILA U. DESHMUKH, JJ.
DATED : 21 OCTOBER 2022. P. C. :
On 14 October 2022, the following order was passed: " Heard the learned Counsel for the parties.
2. The central issue which arises in these Petitions is regarding the interpretation of Sections 3-H(3) and 3-H(4) of the National Highways Act, 1956. Plain reading of these provisions would indicate that when several persons claim to be interested in the amount deposited, the Competent Authority can determine who in its opinion, are entitled to receive the amount. However, if any dispute arises as to the apportionment, then the Competent Authority to refer the dispute to the Competent Court. The adjudication in these Petitions revolve around the term 'dispute' occurring in Section 3-H(4) and what is the threshold at which the Competent Authority consider that the dispute has arisen. As regard the interplay between these two provisions is concerned, we are not shown any rsk 7 1-8-42-902--WP-3551-21.doc authoritative of judicial pronouncement as regards the term 'dispute'. Since there is no specific guidelines found in the statement, it is giving rise to considerable litigation in this Court.
3. The learned Advocate General states that the draft guidelines/note will be prepared taking review of the orders passed by the Competent Authority and the judicial pronouncements. so that there can be clarity on the term. The learned Counsel for the parties state that they will assist the learned Advocate General in preparing the note. The learned Counsel appearing for the parties will give their notes to the learned Advocate General by 19 October 2022.
4. At the request of the learned Advocate General, stand over to 21 October 2022, under the caption "For Directions"."
2. The Learned Advocate General has tendered guidelines regarding the interpretation of the provisions. The learned counsel for the parties seek time to go through the note prepared and give their inputs. The learned counsel for the parties submit that they will make compilation of decisions where on facts a particular situation has been considered as a dispute within the meaning of section 3-H(4), and situations where it is not so considered.
3. Apart from the statement on the interpretation, in the note tendered by the Learned Advocate General, which is also reiterated by rsk 8 1-8-42-902--WP-3551-21.doc the learned Advocate General, the contingency after determination has taken place is narrated, which reads thus:
"6. Once such determination takes place, each of the claimants ought to be informed/intimated of such determination and ought to be given time of at least two weeks after receipt of the intimation, either to accept the same or dispute the same.
7. In the meanwhile, the Competent Authority cannot act upon such determination and distribute the amount in accordance with the same. If within the period of two weeks of the receipt of intimation, referred to hereinabove, either all the claimants accept such determination or do not communicate in writing, after obtaining in writing the acknowledgment in that regard, of their dispute and/or disagreement of such determination, the Competent Authority ought to make payment in accordance with the same.
8. Whereas, if an objection and/or dispute is raised in respect of such determination by any of the claimants, within two weeks of the date of receipt of such intimation, the Competent Authority will have to refer it to the competent Civil Court in terms of sub-section (4) of Section 3H of the Act.
9. The Competent Authority will have to give adequate time of at least two weeks to the claimants, either for rsk 9 1-8-42-902--WP-3551-21.doc agreeing with such determination or for disputing with the same. Resultantly, the Competent Authority ought not to act upon its determination and distribution of amount of compensation amongst the claimants unless the claimants get a reasonable time or opportunity to take appropriate steps in that regard, including raising of a dispute."
Learned Advocate General states that necessary Resolution/instructions would be issued to the competent authorities, at the earliest. In light of this assurance, we do not deem it necessary to pass a separate order at present. Resolution/instructions be placed on record on the next date. The learned counsel for the parties state that similar directions should be issued in respect of other legislations. The learned Advocate General states that this aspect will be considered, if feasible.
4. Stand over to 14 November 2022 under the caption "For Directions".
(SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.)