Executive Engineer, Jalna Minor Irrigation Division, Jalna Under G.M.I.D.C. And Others v. Jijabhau Appa Kharat And ORS

{1} 949 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949CIVIL APPLICATION NO. 754 OF 2017 IN FAST/17555/2014 WITH CA/9479/2014 IN FAST/17555/2014 WITH CA/9480/2014 IN FAST/17555/2014 EXECUTIVE ENGINEER, JALNA MINOR IRRIGATION DIVISION, JALNA UNDER G.M.I.D.C. AND O

VERSUS

JIJABHAU APPA KHARAT AND ORS ...

Advocate for Applicants : Mr. B.R. Surwase CORAM : K.K. SONAWANE, J.

DATE : 16th August, 2017.

PER COURT:

1] Learned counsel Mr. Surwase submits that he has instructions to appear on behalf of respondent Nos. 1 to 4 who are LR's of deceased claimant Jibabhau Appa Kharat. He undertakes to file Vakalatnama within a period of one week.

2] Moreover, learned counsel for the applicant fairly concedes that the original claimant Jijabhau s/o Appa Kharat, had preferred Reference under Section 18 of the Land Acquisition Act in the year 2010. Now, he is no more. All respondents are his legal heirs. Therefore, there is no impedement to allow the applicant Acquiring Body to bring his LRs on record being heirs of original claimant Jijabhau s/o Appa Kharat. Hence, the application stands allowed in terms of prayer clause (B). Applicant to take necessary steps within a week for bringing LRs of deceased respondent on record. 3] Stand over to 4th September, 2017.

[K.K. SONAWANE] JUDGE.

grt/-