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Bombay High CourtIA/3613/2022allowed

Shri. Chandrakant Lahu Thakur And ORS. v. The State Of Maharashtra Through The Collector And ANR.

2023-01-17Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Rajesh S. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB INTERIM APPLICATION NO. 3613 OF 2022 PURTI PRASAD PARAB Date: 2023.01.20 14:31:47 +0530 IN FIRST APPEAL NO. 1015 OF 2018 Chandrakant Lahu Thakur and Ors.

....Applicants In the Matter Between The State of Maharashtra and Anr.

....Appellant V/s.

Chandrakant Lahu Thakur and Ors.

...Respondents

ALONGWITH CROSS OBJECTION (ST) NO. 6137 OF 2022 IN FIRST APPEAL NO. 1015 OF 2018 The State of Maharashtra and Anr.

....Appellants V/s.

Chandrakant Lahu Thakur and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION (ST) NO. 32435 OF 2022 IN CROSS OBJECTION (ST) NO. 6137 OF 2022 IN FIRST APPEAL NO. 1015 OF 2018 Radhabai Atmaram Patil Since deceased through her Legal Heirs and Representatives ....Applicants In the Matter Between The State of Maharashtra and Anr.

V/s.

Chandrakant Lahu Thakur and Ors.

...Respondents

---- Mr. Sachin S. Punde for Applicants.

Mr. A.R. Patil, Addl. GP for State-Respondent. ----

2/3 CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 17th JANUARY 2023 P.C. :

INTERIM APPLICATION NO. 3613 OF 2022 1.

Mr. Patil for State/Respondent No.1 as well as Special Land Acquisition Officer states the law is very clear and applicant should be entitled to the relief as prayed for in prayer clause - (A). Prayer clause - (A) reads as under :

(A) This Honourable High Court be pleased to permit the Applicants to amend and claim compensation at the rate of Rs.5,000/- per square meter thus totally claiming further enhancement of Rs.4,050/- in Cross Objections. 2.

Application therefore allowed and stands disposed. 3.

Amendment to be carried out and amended claim to be served within two weeks.

4.

Deficit court fees to be paid within three weeks. INTERIM APPLICATION (ST) NO. 32435 OF 2022 1.

This is an Interim Application to bring the Legal Heirs of Respondent No.6 who expired on or about 19th January 2022. Mr. Patil has no objection. Therefore respondents to bring the applicants on record in place of Respondent No.6. Amendment to be carried out and amended

3/3 cause title to be served within two weeks. Similar amendment shall be carried out in the First Appeal and the main Cross Objection within two weeks.

2.

Interim Application disposed accordingly.

(RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.)