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2019 Supreme(Bom) 2244

S.V.GANGAPURWALA, AVINASH G.GHAROTE
Bhupendrasingh – Appellant
Versus
Competent Authority, Dhule – Respondent


Advocates Appeared:
P.V. Mandlik, Advocate, P.P. Mandlik, Advocate, S.B. Deshpande, Advocate, S.G. Karlekar, Advocate, Dipak Manorkar, Advocate

JUDGMENT

Avinash G. Gharote, J. - Rule. Rule made returnable forthwith. Heard learned Counsel for the respective parties finally with their consent.

2. The petitioner claims to be the owner of land Gat No. 98/B-1 admeasuring 4470 square meters situated at village Avdhan Taluka and District Dhule. It is contended that the respondent No.1 has undertaken the construction of National Highway No. 6 for widening of existing two lane carriage way to 4/6 lane carriage way configuration for Jalgaon-Maharashtra Gujarat Border (Kms. 441/950 to Kms. 4650/794). It is further contended that a notification u/s. 3(A) of the National Highway Act, 1956 (NH Act, 1956) was issued on 16/12/2015, and notification u/s. 3(D) was published on 14/12/2016, award is declared on 14/08/2017, under which the petitioner was held entitled for compensation to the tune of Rs. 11,88,30,748/-. Payment notice is claimed to have been issued on 20/12/2017 to the petitioner, asking him to remain present on 27/12/2017 in the office of respondent No.1, on which date it is stated that possession was taken. It is further contended that instead of depositing the entire compensation amount to the tune of Rs. 11,88,30,748/-, the

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