Mr.Maru Narayan Thaku And ANR. v. The State Of Maharashtra Through Hon.District Collector Raigad, Alibag And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.159 OF 2018 IN CROSS OBJECTION (L) NO.6249 OF 2018 Maru Narayan Thakur & Anr.

....Applicants Vs.

The State of Maharashtra & Anr.

.... Respondents ---- Mr. Sachin S. Punde, for the Applicants in CAO. Mr. S.S. Punde, for the Applicants in XOBST.

Mr. A.R. Patil, AGP for Respondent State.

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JUNE 20, 2018 P.C. :

1.

Heard the learned counsel for the parties.

2.

This application is preferred by claimant for amendment of claim in cross objection claiming compensation @ Rs.5000/- per square meter instead of Rs.1,000/- as its claim in cross objection.

3.

Considering the submissions made by the learned counsel for the Applicants and the averments made in the Civil Application, we are satisfied that the Applicants have made out a case for allowing the present Civil Application in terms of prayer clause (a).

Aarti Palkar

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Hence, following order is passed.

(A) The application is allowed in terms of player clause "a", which reads thus:- "This Honourable High Court be pleased to permit the Applicants to amend and claim compensation at the rate of Rs.5000/- per square meter thus totally claiming further enhancement of Rs.4050/- in Cross Objection".

(B) Applicants to carry out appropriate amendment in pending proceeding within four weeks from today, failing which civil application shall stands dismissed without referring back to the court.

(C) If amendment is carried out within stipulated time as stated herein above, Applicant is directed to serve amended copy on other side within one week thereafter. 5.

Civil application is disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Aarti Palkar