Kundan Ashok Landge And ANR v. Gera Development Pvt. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.786 OF 2022 IN WRIT PETITION NO.464 OF 2021 Ravindra Dhondiba Bodke ... Applicant/Petitioner

Versus

The State of Maharashtra And Others ... Respondents ALONG WITH INTERIM APPLICATION NO.796 OF 2022 IN WRIT PETITION NO.1554 OF 2022 Kundan Ashok Lange And Another ... Applicants/Petitioners

Versus

Gera Developments Pvt. Ltd.

And Others ... Respondents ****** Mr. Yatin Malvankar for the Applicants/Petitioners. Mrs. Rupali M. Shinde, AGP for Respondent No.1-State in Writ Petition No.464 of 2021 and for Respondent No.3 in Writ Petition No.1554 of 2022. Mr. Prashant Chavan a/w Navdeep Vora i/b Navdeep Vora and Associates for Respondent No.2-MIDC.

Mr. Dorman Dalal for Respondent No.4 in Writ Petition Nos.464 of 2021 and for Respondent Nos.1 and 2 and Developers in Writ Petition No.1554 of 2022. Ms. Kanchan Pathak a/w Mr. N.P. Deshpande for Respondent No.7 in Writ Petition No.1554 of 2022.

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CORAM : R. D. DHANUKA & S. M. MODAK, JJ.

DATE : 18 FEBRUARY 2022.

P.C. :- .

Interim Application No.786 of 2021 By this Interim Application, the Applicant seeks amendment and to permit the Applicant to delete Respondent No.4 from the cause title of the Petition and also delete the prayer clauses (b) and (c) against Respondent No.4. Mr. Dalal, learned Counsel for Respondent No.4 has no objection, if prayers to delete Respondent No.4 from the cause title of the Petition as well as prayers clauses (b) and (c) are allowed to be deleted. The statement is accepted. Amendment to be carried out within one week from today. The amended copy of the Petition be served upon the learned Counsel appearing for the respective Advocates of the Respondents simultaneously. Reverification is dispensed with. Interim Application No.786 of 2021 is disposed of accordingly. Interim Application No.796 of 2022 .

By this Application, the Applicants seeks amendment of the petition and to delete Respondent Nos.1 and 2 from the cause title of the Petition and also to delete the prayer clauses (a) and (c) against these Respondents. Learned Counsel appearing for the respective Respondent Nos.1 and 2 have objection, if the amendments as prayed are allowed. The statements of 2/3

the learned Counsel are accepted. In view of the statements made by learned Counsel for Respondent Nos.1 and 2, the Interim Application is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out forthwith. Re-verification is dispensed with. Amended copy of the Petition be served upon the learned Counsel appearing for the respective Advocates for the Respondents simultaneously within three days from today. Writ Petition No.1554 of 2022 .

We have heard learned Counsel appearing for the parties. The only prayer (b) survives in the Petition. Mr. Chavan, learned Counsel appearing for M.I.D.C. seeks time to take instructions, whether the land described in prayer (b) of the Petition can be acquired by Respondent Nos.3 to 6 expeditiously, and if so, on what terms. Learned Counsel has agreed to take instructions and to make statement before this Court on the next date. Learned Counsel also to make statement, whether Respondent Nos. 3 to 6 are agreeable to acquire the said portion of land and whether any joint measurements would be necessary or not. Respondent Nos.3 to 6 to inform the Petitioners about the joint measurements if agreed to carry out.

Place the matter on Board on 10 March 2022.

[S. M. MODAK, J.] [R. D. DHANUKA, J.] RAJESH VASANT CHITTEWAN Date: 2022.02.25 15:11:46 +0530 RAJESH VASANT CHITTEWAN 3/3