Smt. Kesharbai W/O Sukhdave Ardale And Others v. State Of Maharashtra, Thr. Its Secretary, Urban Development Dept., Mumbai And Others
wp.6364.18 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Civil Application [CAW] No.1014 of 2019 in Writ Petition No.6364 of 2018 Smt. Kesharbai w/o Sukhdave Ardale & others vs.
State of Maharashtra & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.L. Khapre, Advocate for the Applicants/Petitioners. Shri D.P. Thakre, Addl.G.P. for Respondent Nos.1 to 4. Shri Arun Patil, Advocate for Respondent No.6. CORAM :
SUNIL B. SHUKRE & S.M. MODAK, JJ.
DATE :
th JUNE, 2019.
Leave to add respondent No.6 by way of amendment to the amendment application is granted. Amendments be carried out forthwith.
Heard.
There is a strong objection raised to this application by Shri Thakre, learned A.G.P. and also by Shri Arun Patil, learned Counsel for respondent No.6. The objection is based upon the availability of remedy under Section 16(4) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to challenge the award. The objection so taken pertains to the merit of the proposed amendment and, therefore, it could be
wp.6364.18 2/2 considered at the time when the prayers to be introduced through amendments would be pressed. As such, at this stage, we do not see anything which would go against allowing of this application. The application is allowed. The amendments be carried out on or before the next date.
If the amendments are not carried out on or before the next date, this order shall stand revoked automatically and the application shall stand dismissed without reference to this Court.
Stand over to 10th of July, 2019.
JUDGE JUDGE *sandesh