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Bombay High CourtIA/834/2024allowed

Mr. Subhash Navin Chandra@ Navinbhai Javeri v. The Special Land Aquisition Officer

2024-03-05Hon'Ble Shri Justice Kishore C. Sant2 pages

(58)-IA-834-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.06 10:11:40 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.834 OF 2024 IN FIRST APPEAL NO.664 OF 1992 Mr. Subhash Navin Chandra @ Navinbhai Javeri ..Applicant

IN THE MATTER BETWEEN

Ambalal Bhulabhai Javeri & Ors.

..Appellants

Versus

The Special Land Acquisition Officer, Metro Centre N(I), Thane ..Respondent Mr. Jayom Shah, for the Appellants.

None for the Respondents.

CORAM : KISHORE C. SANT, J.

DATE : 5th MARCH, 2024 P.C.

1.

This Application is filed for bringing on record legal heirs of Appellant No.8(e), namely Virag Bhupendra Javeri, who died on 02.01.2021. This Application is filed on 09.01.2024 and thus there appears to be delay of 1012 days in filing this Application. It is stated that the said Appellant died in the pandemic period. The legal heirs and the Applicant therefore could not take immediate steps. They were also not aware of the procedure. When the advocate informed that Appeal is likely to be listed for hearing, it revealed that the Appellant has died. It is thereafter the BGP.

(58)-IA-834-24.doc.

Application is preferred. It is stated that the delay is thus without any intention. For the reasons stated as above and considering that this Appeal is arising out of land acquisition proceedings, the delay was not intentional, the Application stands allowed. Delay stands condoned.

2.

Applicant to carry out amendment in the title clause of the Appeal within two weeks from today.

3.

After amendment is carried out, place the matter on board dated 12th April, 2024.

[KISHORE C. SANT, J.] BGP.