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Bombay High CourtCAF/1572/2019

Mr. Pradeep Gajanan Patil v. The State Of Maharashtra Through The Special Land Acquisition Officer

2019-06-25Hon'Ble Shri Justice K.K. Tated2 pages

(41)caf-1572.2019.doc bdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1572 OF 2019 IN FIRST APPEAL NO. 743 OF 2019 Pradeep Gajanan Patil ... Applicant V/s.

The State of Maharashtra ... Respondent .......

Mr. S.S. Punde for the Applicant.

Mrs. Tanaya Goswami, AGP for the Respondent-State. .......

CORAM :

K.K. TATED, J.

DATE :

25th JUNE, 2019.

P.C.:

Heard learned Counsel for the parties.

2.

The Learned Counsel for the Applicant submits that, by this Civil Application, Appellant has to carryout amendment in First Appeal in respect of the claim. He submitted that the Applicant has claimed compensation @ 11 per sq. meter. He submits that instead of 11 per sq. meter, Applicant may be allowed to claim compensation @ 25 per sq. meter.

(41)caf-1572.2019.doc 3.

Considering the submissions made by the learned Counsel for the Applicant and averments made in this Civil Application, I am satisfied that the Applicant has made out a case for allowing this Civil Application. Hence, following order is passed:- i) Civil Application is allowed in terms of prayer clause (a), which reads thus:- "(a) This Honourable High Court be pleased to permit the Applicant to amend and claim compensation at the rate of Rs.11/- per square meter in First Appeal (thus totally claiming enhancement of market value at the rate of Rs.25/- per square meter)."

ii) Applicant to pay additional Court fee, if any, on or before 12th July 2019, failing which the Civil Application shall stand dismissed without further reference to the Court. iii) Civil Application disposed off accordingly.

(K.K. TATED, J.)