Prakash S. Wagh Since Deceased ... vs Special Land Acquisition Officer
2021 Latest Caselaw 648 Bom

                                                                         5.2-IA-2642-19.doc

             zSharayu Khot.
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2642 OF 2019
                                                       IN
                                        FIRST APPEAL NO. 804 OF 2017


                   Prakash S. Wagh (Since deceased) & Ors.             ...Applicants

                          In the matter between

                   Shri. Tikamdas Bhagwandas Kukreja & Ors.            ...Appellants

                          Versus

                   Special Land Acquisition Officer                    ...Respondent

                                                    ----------
                   Mr. Rohan J. Cama a/w Mr. G.C. Mohanty, i/by Mohanty &
                   Associates, for the Applicants.
                                                    ----------

                                                     CORAM :         K.K. TATED &
                                                                     R.I. CHAGLA, JJ.

                                                     DATE        :   12 January 2021

                   ORDER :

Sharayu P. Khot 1. Heard learned Counsel Mr. Cama for the Applicants.

Digitally signed by Sharayu P.

Khot Date:

2021.01.15 14:25:24 +0530

2. Learned Counsel for the Applicants submits that the

Respondent State is duly served. Inspite of that, none appears, when

5.2-IA-2642-19.doc

the matter is called out.

3. Learned Counsel for the Applicants has submitted that in

the present proceedings the reference Court passed the Judgment

and Award dated 23rd December 2016 awarding the compensation

in respect of acquired land at the rate of Rs. 500/- per sq.meter. He

submits that the reference Court awarded a sum of Rs.

11,45,24,764/-. He submits that the Applicants/original Claimants in

the present Appeal are claiming the additional compensation at the

rate of Rs. 2000/- per sq.meter. He submits that against the

impugned order passed by the reference Court, the Respondent has

preferred the First Appeal which stands dismissed for non removal of

objections. He submits that the Applicants seek permission to place

the copy of the said order in the Appeal preferred by the State on

record and for that purpose, additional time is required. Hence, the

following order :-

(i) The Applicants are permitted to place on record the

additional documents by way of Affidavit in Support of the

Interim Application with copy to other side on or before

22nd January 2021.

5.2-IA-2642-19.doc

(ii) The Applicants are directed to inform the Respondent, as

inspite of service, none appeared on behalf of them when

the matter is called out.

(iii) The matter to appear on board on 28th January 2021.

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