Mohammed Samad Ullah Baig Mohammed Asad Ullah Baig v. The State Of Maharashtra And Others

(1) C.A Stamp No. 2127 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application Stamp No. 2127 of 2016 (In Writ Petition No. 104 of 2016) Mohammed Sammad Ullah Baig s/o. Mohammed Asad Ullah Baig.

.. Applicant.

versus The State of Maharashtra, Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai - 32, & 4 others.

.. Non-applicants.

.........................

Mr. S.B. Talekar, Advocate, for the applicant. Mr. A.P. Basarkar, Asst. Government Pleader, for non-applicant nos.1 and 5.

Mr. A.S. Bajaj, Advocate, for non-applicant nos.2, 3 and 4.

..........................

CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 19TH JANUARY 2016 PER COURT :

1.

The present application is presented before the Court. Office to register it as Civil Application.

2.

By the present application, the applicant - petitioner is seeking

(2) C.A Stamp No. 2127 of 2016 leave to amend thereby challenging the vires of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

We have heard Mr. Talekar, the learned Counsel for the applicant, Mr. Basarkar, the learned Asst. Government Pleader for non-applicant nos.1 and 5 and Mr. Bajaj, the learned Counsel for non-applicant nos.2, 3 and 4. 4.

The Writ Petition is pending admission. The respondents will have every right to controvert the averments sought to be introduced by way of amendment.

5.

Considering the above, the Civil Application for amendment is allowed. Amendment be carried out within 14 days from today. The Civil Application accordingly stands disposed of.

( A.M. BADAR ) ( S.V. GANGAPURWALA ) JUDGE JUDGE ................................

puranik / CAstamp2127.16