KUSUM SADASHIV DHONEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to the order dated 17 th June 2022 directing the office to issue notice upon the respondent no.8 with a direction to remain present in-person, the respondent no.8 is present in-person.

(2.) We interacted with the respondent no.8 in Marathi and enquired whether she has put her thumb impression on any vakalatnama or has given up her claim for compensation paid by the State Government in respect of the land bearing Survey No.112/2 situated village Rayate, Taluka Kalyan, District Thane in respect of her 1/4th share in the said property and compensation. She categorically stated that she is entitled to compensation in the said land and requires compensation to be paid to her. She further stated that she has not put any thumb impression on any vakalatnama in favour of the learned advocate who has filed vakalatnama on behalf of the respondent nos.6 to 8. Statement is accepted. She has also not given up her claim.

(3.) In view of this position, we enquired with the learned counsel for the respondent nos.6 to 8 as to when his client would deposit 1/4th share of compensation of the respondent no.8 in this Court in the said property. Learned counsel vehemently urged that since the respondent no.8 has not made any claim at any point of time earlier, no demand for compensation can be raised or no relief can be granted in favour of the respondent no.8 at this stage. He however, submits that his client has no objection if the matter is referred to the Civil Court in respect of the claim of the respondent no.8. Statement is accepted.