Dy. Collector (Land Acqisition) No.7 Mumbai - Applicant v. S.N. Desai Hospitalise And Developers, Llp And The Commissioner M.C.G.M - Acquiring Body

P.H. Jayani 01 NMSL2872.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICEOF MOTION (L) NO. 2872 OF 2018 IN NOTICE OF MOTION (L) NO. 556 OF 2018 LAND ACQUISITION REFERENCE NO. 01 OF 2018 Deputy Collector (Land Acquisition), No.7, Mumbai ....Applicant In the matter between :- Deputy Collector (Land Acquisition), No.7, Mumbai ....Applicant V/s.

S.N. Desai Hospitalise and Developers, LLP ....Claimants And The Commissioner, M.C.G.M.

....Acquiring Body Mr. H.B. Takke, AGP for the State.

Mr. D.S. Shingade for M.C.G.M.

Mr. J. Chandran a/w. Mr. Shrinivasan Mudaliar, MS Spenta Harrwala for the claimants.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 10TH DECEMBER, 2018.

P.C.:

.

By this application, the applicant has sought to quash and set aside and/or recall the order dated 05/06/2018 whereby the Prothonotary and Senior Master has rejected the Notice of Motion (L) No.556/2018 for non removal of office objections. 1/2

P.H. Jayani 01 NMSL2872.18.doc 2.

Heard Mr. H.B. Takke, learned AGP for the State, Mr. D.S. Shingade, learned counsel for MCGM and Mr. J. Chandran, learned counsel for the claimants.

3.

Mr. H.B. Takke, the learned counsel for the applicant undertakes to remove office objections within two days from the date of uploading of this order. Statement is accepted.

4.

In the light of the statement made by the learned counsel for the applicant and in view of the reasons stated in paragraph nos.5, 6 and 7 of the affidavit of Sonali Nilkanth Mule, the Deputy Collector (Land Acquisition) No.7, Mumbai, the delay is condoned and the order dated 05/06/2018 passed by the Prothonotary and Senior Master in Notice of Motion (L) No.556 of 2018 is recalled. Notice of motion restored to file.

5.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2