Percival Joseph Periera vs Special Land Acquisition Officer ...
2023 Latest Caselaw 8922 Bom

2023:BHC-AS:24861
                                                                           915-wp10574-2023.doc


                    AGK
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.10574 OF 2023


                    Percival Joseph Periera                       ... Petitioner
                                V/s.
                    Special Land Acquisition Officer,
                    Metro Centre, Panvel & Anr.                   ... Respondents


                    Mr. Shriram S. Kulkarni for the petitioner.
                    Mr. C.D. Mali, AGP for the State.


                                               CORAM : AMIT BORKAR, J.

                                               DATED        : AUGUST 30, 2023
                    P.C.:

1. By the impugned order, the learned Trial Court partly allowed petitioner's application for production of documents. However, the Court fixed the matter for judgment.

2. According to the petitioner, the documents produced below Exhibit 69 being certified copies of judgments are required to be read in evidence and he be given opportunity to make submissions in the context of said documents.

3. Considering nature of proceedings, i.e., reference for enhancement of compensation, the petitioner whose property is acquired is entitled to get fair opportunity of hearing, including opportunity to produce relevant documents.

915-wp10574-2023.doc

4. The documents produced along with application below Exhibit 69 being certified copies of judgments in other land acquisition proceedings, the documents needs to be read in evidence. Hence, following order:

a) The documents annexed along with list dated 15 April 2023 below Exhibit 69 be read in evidence;

b) The Trial Court shall hear final arguments of petitioner including on the documents produced below Exhibit 69 and thereafter shall deliver the judgment as expeditiously as possible.

5. The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)