bipin prithiani 1 36-wp-4149.25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4149 OF 2025 Nanhaya Dama Rasal & Anr. … Petitioners Versus The State of Maharashtra & Ors. … Respondents ****** Mr. Gautam T. Kanchanpurkar for Petitioners. Mrs. Shruti D. Vyas, Addl. G. P. a/w Mrs. Tanu N. Bhatia, AGP for Respondent-State. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 11th SEPTEMBER 2026 P.C. : . Heard learned counsel for the petitioners. 2. The grievance of the petitioners in this petition is that although they claim to be entitled to compensation in pursuance of award dated 31st December 2018, the respondent No.2- Competent Authority/Sub Divisional Officer (SDO) has not considered their claim. 3. The reply affidavit filed on behalf of the respondent No.2- Competent Authority/SDO refers to Section 3H of the National Highways Act, 1956 and thereupon, it is submitted that the claim of the petitioners can be considered, along with the claims and/or objections of all concerned persons, in accordance with law. BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.09.11 18:10:30 +0530 bipin prithiani 2 36-wp-4149.25.doc 4. We are of the opinion that the stand taken by the respondent No.2-Competent Authority/SDO in the reply affidavit, can be the basis of disposing of the petition itself. 5. In view of the above, the writ petition is disposed of, by directing respondent No.2-Competent Authority/SDO to consider the claim of the petitioners, along with the claims and/or objections of all concerned persons, in accordance with Section 3H of the aforesaid Act. The respondent No.2-Competent Authority/SDO shall take a decision as to whether the present case falls under Section 3H(3) or 3H(4) of the said Act and thereupon, the said respondent shall proceed strictly in accordance with law. 6. The respondent No.2-Competent Authority/SDO shall act in accordance with the directions given hereinabove and pass an appropriate order within eight weeks from today. 7. Pending applications, if any, stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)