Vikrant Shivkumar Agarwal v. The State Of Maharashtra And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 371 OF 2015 Vikrant Shivkumar Agarwal

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. V.S. Kapse, a/w Mr. Pramod Gokul Kathane, for the Petitioner.

Mr. Tejas V. Dhotre, i/by Mr. H.S. Venegaonkar, Addl.GP, for Respondents No. 1 & 3-State.

Ms. Kiran Bhagalia, i/by Ms. Chitra Phadke, for Respondent No. 2-MMRDA.

---------- CORAM :

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 20 June 2017 ORDER :

1.

The Petitioner claims to be a legal heir of the 1/3

deceased Kaliram and claims that as a legal heir of deceased Kaliram, he is entitled to rehabilitation on account of his commercial premises being affected by eastern freeway and is entitled to rehabilitation as a project affected person. 2.

Ms. Bhagalia, the learned Counsel for the Respondent No. 2, submits that apart from the Petitioner, there are other legal heirs and as such unless the claim of all the legal heirs is settled, this Court cannot direct the Petitioner to be allotted the premises to which the deceased Kaliram is entitled. 3.

Shri. Kapase, the learned Counsel for the Petitioner submits that the other legal heirs have given Affidavits in Support of the Petition. However, we can go into the aspect as to who is entitled to succeed deceased Kaliram. The Petitioner will have to take out appropriate proceedings in accordance with law for that purpose.

4.

Needless to state that after determination of 2/3

succession to the estate of the deceased Kaliram, Respondent No. 2 would allot the premises to which deceased Kaliram was entitled in law.

[RIYAZ I. CHAGLA, J.] [B.R. GAVAI, J.] 3/3