Kalpana Bhagesh Sawardekar And ORS. v. Collector, Mumbai West Suburban And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12303 OF 2024 IN FIRST APPEAL (ST.) NO.16125 OF 2024 Kalpana Bhagesh Sawardekar & Ors.
.. Applicants/Appellants
Versus
Collector, Mumbai West Suburban & Ors.
.. Respondents Mr. Nikhil Mengde a/w. Mr. Siddhikesh Ghosalkar i/b. Mr. Rahul Lathi, Advocates for the Appellants/Applicants.
Mr. Dhrumil C. Shah a/w. Mr. Punit Vyas i/b. Lex Services, Advocates for Respondent No.12.
CORAM:
B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE:
P. C.
1.
The above matter has been moved for Speaking to the Minutes of the order dated 4th September 2024. It has been brought to our attention that in the title there is a mistake in as much as the above Appeal is not a Family Court Appeal but is the First Appeal.
2.
In these circumstances, the words "Family Court Appeal (St.) No.16125 of 2024" shall be substituted by the words "First Appeal (St.) No. 16125 of 2024".
3.
No other correction is sought. The correction shall be carried out in the original order as well as in the copy uploaded on the server. 4.
This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:
2024.10.04 14:49:12 +0530 ASHVINI BAPPASAHEB KAKDE [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] For the sake of convenience the order dated 4th September, 2024 (as corrected) is reproduced hereunder:-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12303 OF 2024 IN FIRST APPEAL (ST.) NO. 16125 OF 2024 Kalpana B. Sawardekar & Ors.
.. Applicants
Versus
The Collector, Mumbai West Subarban & Ors.
.. Respondents Adv. Nikhil Mengde a/w Kunal Savaskar for the Applicant.
CORAM:
B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE:
SEPTEMBER 4, 2024 P. C.
1.
The above Interim Application is filed seeking a condonation of delay of 58 days in filing the above Appeal. The above Appeal challenges the order dated 13th February, 2024 passed by the Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur. This Authority has passed an Award under Section 69 and 70 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2.
Respondent Nos. 1 to 5 are the Government Authorities and Respondent Nos. 6, 7 and 8 are the private Respondents who are the coowners of the property that was acquired, along with the Appellants. 3.
Since the contesting Respondents in the present case are really the Government Authorities, we direct the Registry to issue notice for the time being only to Respondent Nos. 1 to 5 returnable on 3rd October, 2024.
4.
In addition to the Court notice, the Advocate for the Appellant/Applicant is permitted to serve Respondent Nos. 1 to 5 with the papers and proceedings in the above Appeal, along with a copy of this order, by private notice as well.
5.
Stand over to 3rd October, 2024.
6.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]