Jaspalsingh Hardayalsingh Ghai And Others v. The Competent Authority Land Acquisition Aurangabad And Others

931-CA-1938-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.1938 OF 2021 IN WRIT PETITION NO. 4912 OF 2020 JASPALSINGH HARDAYALSINGH GHAI AND OTHERS

VERSUS

THE COMPETENT AUTHORITY LAND ACQUISITION AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Gaikwad (Patil) Ajit B. Advocate for Respondent Nos.1 and 2: Mr. M. V. Kini Advocate for Respondent No.9: Mr. S. S. Bora ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 12.02.2021 P.C. :

.

We have heard Mr. Gaikwad the learned counsel for the applicant. Mr. Kini and Mr. Bora the learned counsel for respondents opposed the application and submit that the cause of action on the basis of which amendment is sought is distinct and separate. 2.

The petitioner in the writ petition has assailed the notification and the award sought to be assailed by way of amendment is sequel to the notification.

931-CA-1938-2021.odt 3.

It is trite that the merits of the amendment need not be looked into at the time of allowing the amendment application. The non-applicants will have every opportunity to controvert the averments sought to be introduced by way of amendment. 4.

In light of that, Civil Application is allowed in terms of prayer clause '

B'

. Amendment be carried out within 14 days. Civil application is disposed of.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) Sameer