Bombay High Court

CA/12219/2026 of PANJABRAO MADHAVRAO GAWANDE AND OTHERS Vs THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS on 15 October 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12219 OF 2026 IN WP/14114/2026 PANJABRAO MADHAVRAO GAWANDE AND OTHERS VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS ... Mr. Sambhaji S. Tope, Advocate for Applicant Mr. V. M. Kagne, AGP

1 304-CA-12219-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO. 12219 OF 2026

IN WP/14114/2026

PANJABRAO MADHAVRAO GAWANDE AND OTHERS

VERSUS

THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS

...

Mr. Sambhaji S. Tope, Advocate for Applicant Mr. V. M. Kagne, AGP for Respondents/State

...

CORAM : NITIN B. SURYAWANSHI AND

ABASAHEB D. SHINDE, JJ.

DATE : 15th OCTOBER, 2026

PER COURT :

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1. By this civil application the applicants / original petitioners seek clarification / modification of the order dated 12/10/2026 passed in the writ petition, to the effect that liberty granted to the respondents in paragraph No.5 of the said order shall be exercised only after the joint measurement directed in paragraph No.4 is carried out and completed in the presence of applicants, and only in respect of such portion of construction, if any, as is found upon such joint measurement to be within the Right of Way of the National Highway.

2. Learned advocate for applicants submits that copy of this civil application is already served on respondent Nos.4 to 6 and they are intimated about the today’s date. SVH 2026:BHC-AUG:49146-DB

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3. Heard learned advocate for applicants and learned AGP for the State. None appears for respondent Nos.4 to 6.

4. The civil application is disposed of by clarifying that there shall be no demolition, unless and until the joint measurement is carried out of the likely affected properties of the petitioners.

5. Authenticated copy is allowed. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH

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