DEPUTY COLLECTOR (LAND ACQUISITION NO.2) vs M/S VASINAKA SAHAKARI MANDAL MUMBAI METROPOLITIAN REGION DEVELOPMENT AUTHORITY -ACQUIRING BODY

Judgment text excerpt

1/8 01-LAR-2-13.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LAND ACQUISITION REFERENCE NO.2 OF 2013 Deputy Collector (Land Acquisition No.2) Mumbai Suburban District .... Acquisition Officer AND M/s. Vasinaka Sahakari Mandal …. Claimant AND Mumbai Metropolitan Region Development Authority (MMRDA) .... Acquiring body …....  Mr. C. G. Gavnekar i/b. Mr. Abhishek Matkar a/w Mr. S.P. Kanuga, Advocate for Claimant.  Mr. Saket Mone a/w Mr. Shrey Shah a/w Ms. Mitali Dhoble i/b. Vidhii Partners, for Acquiring Body, MMRDA. CORAM : MANISH PITALE, J. DATE : 11th DECEMBER, 2025 ORDER : 1. On 09/10/2025, this Court passed the following order : “. Having heard the learned counsel for the parties, this Court is of the opinion that the preliminary issue with regard to the question, as MANUSHREE NESARIKAR to whether this Court, as the Reference Court, Digitally signed by MANUSHREE NESARIKAR can go into the question of the relevant date of Date: 2025.12.12 17:21:49 +0530 notification, which would be the basis for Nesarikar 2/8 01-LAR-2-13.odt determination of compensation, needs to be considered at the outset. 2. The learned counsel for the parties are ready with their submissions and judgments, upon which they wish to rely. 3. Hence, list this reference proceeding for hearing on the said preliminary issue, on 12 th November 2025 at 03.00 p.m.” 2. On 12/11/2025, this reference could not be taken for consideration and hence it was adjourned to be eventually heard today on the aforesaid preliminary issue raised on behalf of the beneficiary of the acquisition i.e. Mumbai Metropolitan Region Development Authority (MMRDA). 3. Mr. Gavnekar, learned counsel appearing for the claimant submitted that the preliminary issue sought to be raised with regard to