SPL.L.A.OFFICER vs KANAIYALAL P.SHAH and ORS.

Judgment text excerpt

LAR.4.99.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LAND ACQUISITION REFERENCE NO. 4 OF 1999 The Special Land Acquisition Officer (3) Mumbai Suburban District .. Applicant And Jayantilal P. Shah and Ors. .. Claimants And The Deputy General Manager (P) M.T.N.L. Acquiring Body WITH JUDGE’S ORDER NO. 418 OF 2007 WITH JUDGE’S ORDER NO. 417 OF 2007 WITH NOTICE OF MOTION NO. 1014 OF 2007 WITH NOTICE OF MOTION NO. 604 OF 2000 WITH INTERIM APPLICATION (L) NO. 4713 OF 2023 IN LAND ACQUISITION REFERENCE NO. 4 OF 1999 ....................  Mr. Shriram S. Kulkarni a/w Mr. Sujay Palshikar, Mr. Pranjal Khatavkar, Mr. Monish Vig & Mr. Gaurav Ugale for Claimants  Mr. Manoj Patil a/w Mr. Shubham Dhenge for Acquiring Body.  Mr. Ashok R. Varma a/w. Vineet Jain, Advocates for SLAO – Applicant. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025. JUDGMENT: 1. Heard Mr. Kulkarni, learned Advocate for Claimants; Mr. Patil, learned Advocate for Acquiring Body and Mr. Varma, learned Advocate for SLAO – Applicant. 1 LAR.4.99.doc 2. At the outset, Mr. Patil, learned Advocate for Acquiring Body has drawn my attention to the answers given by witness No.1 of the Acquiring Body, namely Chetankumar B. Kalamthekar, Senior Manager, MTNL to Question Nos. 29, 57 and 65 in his deposition. He would submit that when specific question was put to the witness of the Acquiring Body in respect of a expenditure incurred by the Acquiring Body for levelling of land for construction, evidence has been placed on record by way of substantive document which has been marked as Exhibit “X-1” for identification by Court Commissioner. Copy of the said document is appended at page No.1283 of Volume No.8 of Compilation of documents. I have perused the origin