Special Land Acquisition Officer(7) v. B. M. Mehta And 4 ORS(Claimants) And Comm.Of Gr.Mumbai(Acquiring Body) And S. H. Shah And 3 ORS (Ap

2.67.17-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.67/2017 IN L.A.R.No.6/2005 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Kavita Solunke, AGP for the State.

Ms. Rita Shroff i/b. M/s. K. V. Chheda & Co. for claimant Nos.2, 3(a) & (b) for the applicant Ms. Aneet Vasani i/b. M/s. Pandey & Co. for claimant No.4.

Mr. Deepak Shukla i/b. M/s. Vinod Mistry & Co. for claimant No.5.

Mr. R. Y. Sirsikar for the Municipal Corporationacquiring body. CORAM : K. K. TATED, J.

DATE : FEBRUARY 20, 2017 P.C.:

1.

Heard. The Chamber Summons is filed by the legal heirs of claimant No.2 Shri Hiru C. Shah, who expired on 16.07.2016. There is delay in filing the Chamber Summons.

2.

The learned counsel for the claimant No.4 filed Affidavit-in-Reply to oppose the Chamber Summons. The learned counsel for claimant No.4 is not in a position to show on which ground they are opposing the same.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of the Basavraj G Patil 1/2

2.67.17-chs Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the Chamber Summons.

4.

Hence, the following order:

a) The Special Land Acquisition Officer is directed to carry out amendment in LAR No.6/2005 by bringing the legal heirs on record of deceased claimant No.2 as stated in the Schedule annexed to the Chamber Summons.

b) Amendment to be carried out within two weeks from today failing which they will have to pay cost of Rs.10,000/- to the legal heirs of claimant No.2.

c) If amendment is carried out within stipulated time as stated hereinabove, the Special Land Acquisition Officer to provide an amended copy of L.A.R.No.6/2005 to the claimants.

d) Chamber Summons stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2