-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5204 OF 2007 APPLICATION NO.5204 OF 2007 APPLICATION NO.5204 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.23068 OF 2007 APPEAL ST.NO.23068 OF 2007 APPEAL ST.NO.23068 OF 2007 Konkan Railway Corporation Ltd. ...Applicant vs. Devidas Sanap & Ors. ...Respondents Smt.Asha Bhambvani for the Applicant Mr.S.N.Gawade, A.G.P. for Respondent No.2-State CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. The learned Advocate for the Applicant states that the private notice has been served to the first Respondent. She states that the affidavit of service will be filed within a period of three weeks from today. 2. Though the Applicant is the acquiring body, notice of reference under section 18 of the Land Acquisition Act,1894 filed at the instance of the first Respondent was not served to the Applicant. Hence, a case is made out for grant of leave. Application is allowed in terms of prayer clause (a). 3. First Appeal shall be placed for admission on 21st April 2008. The Advocate for the Applicant will serve a private notice of the Appeal to the Respondents. Notice to indicate that an endeavour will be made to decide the Appeal finally at admission stage. The learned A.G.P. waives service for Respondent No.2. Affidavit of service to be filed before the next date. -2- JUDGE JUDGE JUDGE