The Special Land Acquisition Officer, (Mhada) v. Shree Siddhivinayk Ganapati Temple Trust (Acquiring Body)

by JITENDRA SHANKAR NIJASURE Date:

2023.08.09 18:11:55 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1617 OF 2016 IN LAND ACQUISITION REFERENCE NO.7 OF 2004 IN LAQ/LAR/1/2002 Ajit D. Ambekar ...Applicant / Ori. Claimant 5.

In the matter between The Special Land Acquisition Officer, MHADA And Sunita D. Ambekar & Ors.

...Claimants And Shree Siddhivinayak Ganpati Temple Trust ...Acquiring body ---------- Madhur Surana i/b. Shashikant Surana for the Acquiring Body. Mr. Yatin R. Shah for Claimant No.3.

Mr. Vivek Kantawala with Mr. Rubin Vakil and Mr. Siddharth Bafna i/b. Shanay Bafna for Claimant No.5.

---------- CORAM :R.I. CHAGLA J DATE : 7 AUGUST 2023 ORDER :

1.

By this Chamber Summons, the Applicant / Claimant No.5 has sought deletion of the names of claimant Nos.1 and 2. The 1/3

Applicant has stated that by a supplementary Deed of Family settlement, the Claimant Nos.1 and 2 have recorded their understanding in writing as to the division of the property left by their parents. The Claimant Nos.1 and 2 have agreed to release and relinquish their right in respect of the said acquired property on payment of Rs.10,00,000/- to each of them. The Applicant has paid an amount of Rs.10,00,000/- to each of his sisters i.e. Claimant Nos.1 and 2 for relinquishing their right in the subject property. Accordingly, Claimant Nos.1 and 2 have relinquished their rights in the subject property and the deletion has been sought in the Land Acquisition Reference.

2.

Having considered the averments in the Affidavit in Support of the Chamber Summons and perusing the supplementary Deed of Family Settlement dated 6th February, 2007 which has been annexed to Exhibit A to the said Affidavit in Support, it is apparent that the Claimant Nos.1 and 2 have relinquished their right in respect of the subject property. Accordingly, they are no longer necessary parties in the above proceedings. In view thereof, following order is passed:- 2/3

(i) The Claimant Nos.1 and 2 shall be deleted as parties in the above Land Acquisition Reference.

(ii) Amendment shall be carried out within a period of two weeks from today. Re-verification is dispensed with. (iii) It is noted that Claimant No.5 has deposed on behalf of the Claimant Nos.1 and 2 and his deposition shall be treated as a deposition on their behalf.

(iv) Chamber Summons is disposed of.

3.

The matter shall be placed on 16th October, 2023 at 2.30 p.m.

[ R.I. CHAGLA J. ] 3/3