Bombay High Court
The Spl Land Acqn Officer vs A H Wadia Charity Trust Bombay on 24 January, 2020
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
1 5-LAR 18-88@19-88
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LAND ACQUISITION REFERENCE NO.18 OF 1988
AND
LAND ACQUISITION REFERENCE NO.19 OF 1988
The Special Land Acquisition Officer (3) ..Applicant
And
A.H. Wadia Charity Trust & Ors. ..Claimants
And
Airport Authority of India ..Acquiring Body
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Mr.Chaitanya Chavan with Mr.Neil Patel, Mr.Yohaan Rubens and
Ms.Janvi Dutt i/b. Vigil Juris for Claimants.
Mr.Vishal Talsania with Ms.Radha Bhandari i/b. M.V. Kini & Co. for AAI/
Acquiring Body.
Mr.H.B. Takke, AGP for S.L.A.O.
----
CORAM : G.S. KULKARNI, J.
DATE : 24th JANUARY 2020 P.C.:
Learned Counsel for the parties inform that on behalf of the claimants, two witnesses were examined and cross-examined by the acquiring body. Also on behalf of the acquiring body, two witnesses were examined and cross-examined on behalf of the claimants. The parties have consented that though the documents are referred during the evidence of the respective parties, the documents are now required to be marked in evidence. In view of the consent between the parties as also in the interest of justice, the documents are marked in evidence as under:-
(i) Map of Sahar Village which was tentatively marked as Exhibit "A"
is marked in evidence as Exhibit "C-1".
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(ii) Map of Marol Village which was tentatively marked as Exhibit "B" is marked in evidence as Exhibit "C-2".
(iii) Map of Mohili Village which was tentatively marked as Exhibit "C" is marked in evidence as Exhibit "C-3".
(iv) Map made by CW-1 which was tentatively marked as Exhibit "D" is marked in evidence as Exhibit "C-4".
(v) Tikka Sheet No.62 which was tentatively marked as Exhibit "E" is marked in evidence as Exhibit "C-5".
(vi) Tikka Sheet No.55 which was tentatively marked as Exhibit "F" is marked in evidence as Exhibit "C-6".
(vii) Development Plat Sheet W-43 which was tentatively marked as Exhibit "G" is marked in evidence as Exhibit "C-7".
(viii) Development Plan Sheet W-46 which was tentatively marked as Exhibit "H" is marked in evidence as Exhibit "C-8".
(ix) Order of requisition dated 9 March 1942 which was tentatively marked as Exhibit "I" is marked in evidence as Exhibit "C-9".
(x) 7/12 extracts of the lands under acquisition which was tentatively marked as Exhibit "L" is marked in evidence as Exhibit "C-10".
(xi) Sale Deed dated 29 December 1972 which was tentatively marked as Exhibit "L-1" is marked in evidence as Exhibit "C-11".
(xii) Sale instance which was tentatively marked as Exhibit "L-2" is marked in evidence as Exhibit "C-12".
(xiii) Sale instance which was tentatively marked as Exhibit "L-3" is marked in evidence as Exhibit "C-13".
(ixv) Sale instance which was tentatively marked as Exhibit "L-4" is marked in evidence as Exhibit "C-14".
(xv) Sale instance which was tentatively marked as Exhibit "L-5" is marked in evidence as Exhibit "C-15".
(xvi) Valuation Reports dated 20 October 2005 which were tentatively marked as Exhibit "M" are marked in evidence as Exhibit "C-16".
::: Uploaded on - 28/01/2020 ::: Downloaded on - 11/06/2020 06:05:41 :::3 5-LAR 18-88@19-88 (xvii) Valuation Reports dated 20 October 2005 which were tentatively marked as Exhibit "M-1" are marked in evidence as Exhibit "C-17". (xviii) Valuation Report dated 9 May 1986 which was tentatively marked as Exhibit "L-6" is marked in evidence as Exhibit "R-1". (ixx) Certified copy of Tikka Sheet No.61 2 which was tentatively marked as Exhibit "J" is marked in evidence as Exhibit "R-2". (xx) Map of Tikka Sheet No.61 dated 23rd October 1981 which was tentatively marked as Exhibit "K" is marked in evidence as Exhibit "R-3". (xxi) Map of the entire area of land which was tentatively marked as Exhibit "A-1" is marked in evidence as Exhibit "R-4". (xxii) Map of entire area of land which was tentatively marked as Exhibit "A-2" is marked in evidence as Exhibit "R-5".
2. As the evidence on these land acquisition references stands concluded, the references would now be required to be listed for final hearing. The references are of the year 1988. Office is directed to list these references in the list of references which are ready for final hearing.
3. Parties are accordingly directed to be ready for final hearing of the references. Parties shall prepare a convenience compilation as also appropriate list of dates and proposition.
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