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2026 DAILYLAW 14003 (BOM)

Shaikh Kalim Shaikh Taru And Another v. National Highway Authority of India Through Project Director Amrish M. Mankar and Anr.

CA/8460/2026 · 2026-09-28

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 8460 OF 2026 IN ARBA/121/2025 SHAIKH KALIM SHAIKH TARU AND ANOTHER VERSUS NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH PROJECT DIRECTOR AMRISH M. MANKAR AND ANOTHER ... Mr. P.H. Patil, Advocate for applicants Mr. R.D. Methe, Advocate h/f Mr. S.J. Rahate, Advocate for respondent No.1 Mr. R.B. Bagul, Senior Panel Counsel for respondent No.2 Mr. C.P. Patil, Advocate for respondent Nos.3 and 4 ... CORAM : ROHIT W. JOSHI, J. DATE : 28th SEPTEMBER, 2026 ORDER : . The land owned by Shaikh Taru Shaikh Hasan was acquired under the provisions of National Highways Act, 1956. Award passed by Competent Authority Land Acquisition (CALA) was challenged by National Highways Authority of India by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, which is rejected and appeal arising out of the said Judgment being Arbitration Appeal No.121/2025 is also dismissed. 2026:BHC-AUG:45505 2 13_CA_8460_2026 2 The original land owner Shaikh Taru Shaikh Hasan has expired on 05.09.2025. Present applicants are his sons and have moved the present application seeking directions to withdraw the amount deposited by National Highways Authority of India with this Court. It is stated that mother Abedabi Taru Shaikh and sister Sajeda Ahemad Sayyed have executed a Relinquishment Deed (Hakkasod Patra) dated 18.02.2026 in favour of present applicants. Vide order dated 29.08.2026 the mother and sister were ordered to be arrayed as party to the present application. Learned Advocate for newly added respondents (mother and sister) tenders across the Bar consenting affidavits dated 19.09.2026 by the mother and sister of applicants, wherein they have confirmed to have executed Relinquishment Deed (Hakkasod Patra) dated 18.02.2026 in favour of the applicants and have expressly accorded no objection for permission to withdraw the amount. In view of the above the application is allowed. 3 Amount deposited by non applicant / National Highways Authority of India with this Court be disbursed in equal proportion to applicant Nos.1 to 3 along with accrued interest, if any. ( ROHIT W. JOSHI, J. ) agd