Vikas Kamalakar Walawalkar vs The Deputy Salt Commissioner And Ors
2024 Latest Caselaw 22712 Bom

Bombay High Court

Vikas Kamalakar Walawalkar vs The Deputy Salt Commissioner And Ors on 5 August, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

                                                                                         21-ia-2195-2024.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION


                                               INTERIM APPLICATION NO. 2195 OF 2024
                                                                IN
           Digitally
           signed by
                                                      APPEAL NO.117 OF 2024
           ASHVINI
ASHVINI    BAPPASAHEB
BAPPASAHEB KAKDE
                                                                IN
KAKDE      Date:
           2024.08.08
           11:38:48
                                                       SUIT NO.1172 OF 2005
           +0530



                        Vikas Kamlakar Walawalkar,                                     .. Applicant/Appellant


                        In the matter between

                        Vikas Kamlakar Walawalkar                                      .. Appellant
                                 Versus

                        The Deputy Salt Commissioner & Ors.                            .. Respondents

                        Mr. Aspi Chinoy (Senior Counsel), Mr. Anirudh Hariani, Mr, Ziyad
                        Madon i/b. Mahimtura & Company Advocates                for the
                        Appellant/Applicant.

                        Mr. R. V. Golvilkar, Sr. Counsel a/w. Mr. Gauraj Shah & Ms. Shaba
                        Khan, Advocates for Respondent Nos.1 and 2.

                        Mr. Dhrupad Patil a/w. Pooja Yadav , Advocates for MCGM.

                                          CORAM:               B. P. COLABAWALLA &
                                                               FIRDOSH P. POONIWALLA, JJ.

                                          DATE:            AUGUST 5, 2024

                        P. C.

1. What is challenged in the above Appeal is the judgment and

decree passed by a learned Single Judge of this Court dated 8 th May 2024. By

the impugned judgement and decree, the Plaintiff's Suit is dismissed and the

AUGUST 5, 2024 Ashvini Narwade

21-ia-2195-2024.doc

Plaintiff is directed to hand over vacant and peaceful possession of the salt

lands to Defendant No.1 within 3 months from 8 th May 2024. This period

expires on 8th August 2024. We direct that without prejudice to the rights and

contentions of the parties the direction given in paragraph 142(ii) of the

impugned judgement and order [to hand over possession], is extended by a

period of four weeks from today.

2. We place the above matter for ad-interim relief on 22 nd August

2024.

3. It is needless to clarify that the extension granted by us will not

in any way affect the MCGM to take appropriate steps for

acquisition/advance possession of the requisite portion of the suit land.

4. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax

or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

AUGUST 5, 2024 Ashvini Narwade