1 WP 5079/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5079 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Girish Agarwal for the petitioner. CORAM : D.G. KARNIK, J DATE : 1ST AUGUST 2011 P.C. : 1. The petition is directed against an order rejecting the application of the petitioner (plaintiff) for amendment of the plaint. 2. The plaintiff’s suit was for partition. He sought amendment of the plaint alleging that the property mentioned in paragraph 1B of the 2 WP 5079/2011 plaint, i.e. survey no.37/2, was acquired during the pendency of the suit. He therefore sought to amend the plaint to claim share in the compensation. Under section 30 of the Land Acquisition Act, the appropriate remedy for a person claiming interest in the property is to apply for a reference to the District Court. If the petitioner (plaintiff) claims that he has a share in the property and therefore entitled to compensation, he could and ought to have applied under section 30 of the Land Acquisition Act. No error can be found in the order of the trial Judge rejecting the application for amendment of the plaint. Writ petition is rejected summarily. (D.G. KARNIK, J.)