1 caf2327 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 963 OF 2009 ALONG WITH FIRST APPEAL NO. 670 OF 2009 The Executive Engineer & Anr. ... ... Appellants. Versus Ajitsingh Udaysinghraje Naik Nimbalkar and Anr. ... ... Respondents. Mr. Vijay Patil for the Appellants. Mr. V. S. Talkute for the Respondent No.1. Mrs. S. V. Sonavane, AGP for Respondent No.2. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 2ND AUGUST, 2010. P. C. : 1. Appeal is already admitted. Printing of paper book is dispensed with. The Appellant to file private paper-book, which will be common to the First Appeal as well as Cross Objections, consisting of all the relevant pleadings, evidence and documents which were before the lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower Court. That be done within twelve weeks from today, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. 2 caf2327 2. In the event, the Appeal is dismissed for non-prosecution for non- compliance of the conditional order, the Respondent decree holder shall file private paper-book in the Cross Objections within six weeks on the expiry of twelve weeks already granted to the Appellant State, failing which, Cross Objection shall stand dismissed without further reference to the Court. 3. Filing of roznama in the appeal or cross objection as the case may be is dispensed with as the same will be available in the original record at the time of hearing. 4. As soon as the paper-book is filed, the Appeal/Cross Objection be proceeded, as the case may be, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 3 caf2327 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2327 OF 2010 IN FIRST APPEAL NO. 963 OF 2009 Ajitsingh Udaysinghraje Naik Nimbalkar. ... ... Applicant. Versus The Executive Engineer & Ors. ... ... Respondents. Mr. V. S. Talkute for the Applicant. Mr. Vijay Patil for Respondent Nos.1 and 2. Mrs. S. V. Sonavane, AGP for Respondent No.3. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 2ND AUGUST, 2010. P. C. : In prayer clause (a) of this application it is prayed that the respondents be directed to determine the valuation of the suit property as per the provisions of the Land Acquisition Act as directed by the trial Court. 2. While considering this relief on 12th July, 2010 we felt that the controversy on hand can be addressed by the State and would subserve the public interest if the authorities were to issue Notification under Section 4 of the Land Acquisition Act without prejudice to the rights and conditions in the pending proceedings before this Court. Consequent to the said observation, we are informed that steps have been taken by the acquiring body for issuance of Section 4 Notification without prejudice to the rights and contentions in the pending proceeding before 4 caf2327 this Court. In that view of the matter no further directions are required to be issued in the context of prayer clause (a) of this application. At the same time we once again clarify that issuance of Notification under Section 4 of the Land Acquisition Act by the Authority and further steps taken on the basis of the said Notification would not prejudice the claim of the acquiring body or the State as the case may be in the pending proceeding before this Court as the said arrangement is only tentative arrangement to obviate the future liability of paying compensation to the respondents in the event the appeal was to fail and the cross objection filed by the respondents was to succeed. In as much as, in that case the appellant would be required to handover possession of the disputed property to the applicant. On the other hand, if the acquiring body is intending to retain the land, would be required to take steps by taking recourse to acquisition. If acquisition is resorted after disposal of the appeal, which in our opinion, would not be immediate, may have to pay market value as on the date of Notification to be issued in future. To obviate such future liability on account of delay in issuing notification under Section 4, the acquiring authority has resorted to issuance of Section 4 Notification, without prejudice to the rights and contentions of the appellant in the pending proceedings. 3. In so far as prayed clause (b) is concerned, it is contended that the applicant is undergoing dialysis treatment and is bed ridden and is stated to be about 56 years of age. In any case, having regard to the proposed notification under Section 4 to be issued by the acquiring body, without prejudice to the rights 5 caf2327 and contentions in the pending appeal, it would be appropriate that the appeal and cross objection itself is disposed of expeditiously to avoid any uncertainty and further complication. For, if the acquiring body were to succeed in the appeal,it would not be necessary for the acquiring body to pursue the remedy of acquisition and the said action can be terminated at the appropriate stage. In the circumstances, as requested by the applicant herein, we accede to the prayer for early hearing of the appeal. 4. Accordingly, the appeal as well as cross objection be listed for hearing immediately on compliance of the conditional order passed therein regarding filing of the private paper book. 5. The present civil application is, accordingly, disposed of. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)