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2023 Supreme(Bom) 299

R. D. DHANUKA, GAURI GODSE
Roshanbi Aziz Motiwala through power of attorney holder Mr. Iliyas Aziz Motiwala – Appellant
Versus
Competent Authority and Deputy Collector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. Ramdas P. Sabban a/w Mr. Praveen Sabban, Mr. Shrikant Kompelli and Ms. Arundhati Sabban
For the Respondent: Mr. V. S. Gokhale ‘B’ Panel, Mr. Rakesh Singh a/w Ms. Heena Shaikh i/b M. V. Kini and Co.

JUDGMENT :

GAURI GODSE, J.

1. Rule. Mr. Gokhale waives service on behalf of Respondent Nos. 1 and 2, and Mr. Singh waives service on behalf of Respondent No. 3. Rule is made returnable forthwith. By consent of the parties, Petitions are taken up for final disposal. Since the issue involved in both Petitions is the same, both Petitions are disposed of by a common Judgment.

2. Both Petitions are filed under Article 226 of the Constitution of India, seeking directions for quashing and setting aside the order dated 20th January 2020 passed by Respondent No. 1-Competent Authority under the National Highways Act, 1956 (“said Act of 1956”). Petitioners have further prayed for 15% per annum equitable interest from the date of the Award passed under Section 3(G) of the said Act of 1956 till the date of payment. In the alternative, the Petitioners prayed for grant of statutory interest from the date of possession till the date of actual payment.

3. It is contended by the Petitioners in Writ Petition No. 1910 of 2022 that on 15th July 2017, by a supplementary award/order passed under Section 3(G) of the said Act of 1956, compensation for an amount of Rs. 1,08,92,995/- was awarded with respect to

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