Dy Collector (Land Acquisition ) ... vs Babulal M Shah Claimant And The ...
2022 Latest Caselaw 6155 Bom

TAUSEEF
LAIQUEE
FAROOQUI
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                                                                          912-LAR.4.2016.doc
TAUSEEF LAIQUEE
FAROOQUI
Date: 2022.07.06
18:02:18 +0530                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                LAND ACQUISITION REFERENCE NO.4 OF 2016

                      Deputy Collector (Land Acquisition) No.7
                      Mumbai & Mumbai Suburban District            ...Applicant
                                 AND
                      Babulal M. Shah                              ...Claimant
                                 AND
                      The Commissioner,
                      Municipal Corporation Greater Mumbai         ...Acquiring body

                                                 WITH
                                LAND ACQUISITION REFERENCE NO.2 OF 2015

                      Deputy Collector (Land Acquisition) No.7
                      Mumbai & Mumbai Suburban District            ...Applicant
                                  AND
                      Shri. K. U. Ramchandani & Ors.               ...Claimants
                                  AND
                      The Commissioner,
                      Municipal Corporation Greater Mumbai         ...Acquiring body

                                                   -------
                      Ms.Uma Palsuledesai, Asst.Govt.Pleader for Applicant in both the
                      matters.
                      Mr. Deepak Shukla i/by M/s. Vinod Mistry & Co. for Claimant in
                      LAR/4/2016.
                      Mr. P. G. Lad a/w Ms. Sayali Apte for Acquiring Body-MCGM in both
                      the matters.
                      Mr. Yazad Udwadia a/w Hitesh Mishra i/by M/s. D. M. Legal
                      Associates for Claimant Nos.3 to 7 in LAR/2/2015.

                                                     -------

                                                 CORAM         :   R. I. CHAGLA, J.

                                                 DATED         :   1st JULY, 2022.



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                                                               912-LAR.4.2016.doc


          P.C.

1. Heard learned counsel for the parties.

2. By an order dated 24th June 2022, the matter was stood

over to today for considering the submission of Mr. Lad, learned

counsel for the Acquiring Body as to whether the certain paragraphs

of the Affdavit-in-lieu of examination-in-chief of CW1 dated 9 th

March 2022, can be allowed in evidence and for which he had sought

time to place reliance on decisions of this Court. The CW1 was also

directed to remain present today.

3. It is stated by Mr. Shukla, learned counsel appearing for

the Claimant that CW1 due to medical emergency is unable to

remain present today and accordingly seeks two weeks time.

4. Mr. Lad has fled a compilation of judgments which he

seeks to rely upon and which is tendered and taken on record.

5. In view of the CW1 not being present today, the Land

Acquisition Reference No.4 of 2016 is adjourned to 15 th July 2022,

on which date CW1 shall remain present.

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                                                                   912-LAR.4.2016.doc

6. The Land Acquisition Reference No.2 of 2015 shall be

placed on 15th July 2022 on Supplementary Board on which date,

the Commissioner who has completed the recording of cross-

examination and considering that there are no other witnesses'

shall place his Report before this Court.

                                                      (R. I. CHAGLA, J.)




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