← Library
Bombay High CourtIA/9382/2025disposed off

Balasaheb Ganpat Sabale Since Deceased Throu. His L.H. Ashok Balasaheb Sabale v. The State Of Maharashtra Thro. The Secretay Irrigation Department

2025-11-03Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

5-IA 9382-25 IN WP 9073-24.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.11.04 11:39:08 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9382 OF 2025 IN WRIT PETITION NO. 9073 OF 2024 Balasaheb Ganpat Sabale ...Applicant(Petitioner) Vs.

The State of Maharashtra & Ors.

...Respondents

_________ Mr. Wasim Samlewale with Mr. Ranjeet Yadav for Applicant/Petitioner. Ms. S. D. Vyas, Addl. G. P. with Ms. M. S. Bane, AGP for State. Mr. Harsh Rathod i/b. Mr. Nitin Gaware Patil for Respondent No.5. __________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

03 NOVEMBER 2025.

P.C.

1.

By this interim application, the applicant/petitioner prays for amendment of the petition to raise an additional ground of the acquisition having lapsed considering the provisions of Section 24(2) of the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2.

Ms. Vyas, learned Addl. G. P. has opposed the interim application. However, having perused the memo of the application and considering the fact that the petition is at the stage of admission as also reply affidavit to the petition is yet to be filed, we are of the opinion that it would be in the interest of justice that the present application is allowed. It is accordingly allowed in terms of the following order:-

ORDER

i.

Leave to amend in terms of the proposed/draft amendment annexed at Exhibit-'I' to the interim application. Let amendment be carried out within a period of two weeks from today. Copy of the amended petition be served on the respondents.

03 November 2025

5-IA 9382-25 IN WP 9073-24.DOC ii.

The respondents are directed to file reply affidavit to the petition within a period of two weeks thereafter.

iii.

List the proceedings for admission on 01 December 2025 (H.O.B.). iv.

Interim application stands disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) 03 November 2025