The Special Land Acquisition Officer (2) And 3 ORS. v. Executive Engineer (Development Plan) E.S. And Nisha Akhil Shahani And 3 ORS.(Applicants)

12 chs554-14withchs(l)2182-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.554 OF 2014 WITH CHAMBER SUMMONS (L) NO.2182 OF 2016 IN L.A.R.NO.9 OF 2006 WITH L.A.R.NO.9 OF 2006 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Milind N. Jadhav a/w Mr.Vijay S. Tiwari i/b Mr.Dushyant Purekar for the applicant/org.claimants Mr.R.J.Mane, A.G.P. for the Special Land Acquisition Officer Mr.R.Y.Sirsikar for the BMC, Acquiring Body CORAM : K. K. TATED, J.

DATE : DECEMBER 2, 2016 P.C.:

Heard the learned counsel for the parties.

Chamber Summons (L) No.2182 of 2016 is not on board. At the request of advocate for applicant, matter is taken on board for urgent orders.

Chamber Summons No.554 of 2014 is for bringing legal heirs on record of claimant no.4, Priya Indru Gurbaxani who expired on 14.1.2012. Mohite 1/2

12 chs554-14withchs(l)2182-16 Chamber Summons (L) No.2182 of 2016 is for bringing legal heirs on record of deceased claimant no.3, Asha Lalchand Jagtiani who died on 5.2.2015. There is a delay in preferring the Chamber Summons.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons. Hence, following order is passed:

a) Both the Chamber Summonses are made absolute in terms of prayer clause (a).

b) Special Land Acquisition Officer is directed to carry out appropriate amendment in LAR No.9 of 2006 within two weeks from today.

c) If amendment is not carried out within stipulated time as stated hereinabove, claimant nos.3 and 4 is permitted to carry out amendment in LAR and serve amended copy on the other side. d) Liberty granted to the claimant to file private paper book containing all pleading and necessary documents and serve copy on the other side.

e) LAR to be placed on board on 6.1.2017 under the caption 'for direction'.

JUDGE Mohite 2/2