Maharashtra State Road ... vs Shri. Vijaykumar Kundanmal ...
2021 Latest Caselaw 3590 Bom

                                                                                         18ia925.doc

                      ssp           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.925 OF 2020
                                                       IN
                                        FIRST APPEAL ST.NO.1451 OF 2020

                      Maharashtra State Road Development
                      Corporation Ltd.                                        ...Applicant

                      in the matter of
                      Maharashtra State Road Development
                      Corporation Ltd.                                        ..Appellant
                      vs.
                      Vijay Kumar Chauraria and Ors.                          ...Respondents

                      Mr.Girish Godbole, Sr.Advocate a/w Mr.J. Kapadia a/w Mr.Tapan Agrawal
                      a/w Ms Riddhi Pawar i/b Little & Co. for the Applicants
                      Dr.Milind Sathe, Senior Advocate a/w Ms Shubhangi Satne, Ms Nikita
                      D'Silva, Mr.u. Merchant i/b M.T.Miskita & Co. for the Respondent No.1.
                      Mr.A.R.Patil, Addl.G.P for State.
         Digitally
         signed by
         ShubhaS.
ShubhaS. Pathak
Pathak   Date:
         2021.03.06
         14:45:48
                                                 CORAM : K.K.TATED AND
                                                         RIYAZ I. CHAGLA, JJ.

+0530

DATE : FEBRUARY 25, 2021.

P. C. :

                      .          Heard learned counsel for the parties.

                      2             By this Interim Application the Applicant is seeking permission

to file First Appeal challenging the Judgment and Award dated 12 th March 2018 passed by the Civil Judge (S.D.) Alibag in Reference No.1414 of 2000 (Old No.163 of 1999).

3 The learned counsel for the Applicant submits that in similar matter, this Court (Coram: Akil Kureshi and S.J.Kathawala, JJ.) by order

18ia925.doc

dated 20th September 2019 in Civil Application No.2486 of 2019 granted permission to the Applicant to file Appeal. Copy of the said order is taken on record.

4 Mr.Sathe, learned senior counsel for Respondent No.1-original claimant submits that they have already filed their Reply dated 14 th October 2020 in Interim Application for condonation of delay and he is instructed to adopt the same Reply in the present Application also. Learned counsel for Respondent No.1 states that Applicant is not acquiring body and hence, there is no question of granting any liberty to file Appeal. He placed reliance on the Judgment in case of City and Industrial Development Corporation vs. Percival Joseph Pareira and others reported in [2013 (4) Mh.L.J.page 762.

5 During the course of argument, it is noticed that copy of notification under section 4 of the Land Acquisition Act,1894 for acquiring the said land is not on record. Therefore, the Applicant is required to place the same on record.

6 Hence, following order is passed:

(a) Applicant is directed to place on record notification under section 4 of the Land Acquisition Act,1894 on or before 11 th March 2021 with copy to the other side.

(b) Liberty is granted to Respondent No.2 if he so desires to file a reply on or before 6th March 2021 with copy to the other side.

(c) Rejoinder, if any, to be filed on or before 10 th March 2021 with copy to the other side.

(d) Matter to appear on board on 16th March 2021.

(e) Liberty is granted to Respondent No.1 to place their reply dated 14 th October 2020 filed in application for condonation of delay on record.

(f) Liberty is granted to the Applicant to file their rejoinder in interim application for delay on or before 10 th March 2021 with copy to the other side.

[RIYAZ I. CHAGLA, J.]                                    [ K.K.TATED, J.]