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1999 Supreme(Bom) 705

F.I.REBELLO
Special Land Acquisition Officer (2) – Appellant
Versus
Harichandra Ramji Patil and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---When the matter came up for hearing it was contended on behalf of the State Government that when a claimant expires the application to bring heirs on record is of the legal representatives of the deceased claimant and not of the State Government. It was therefore contended that the question of the State Government bringing the legal representatives on record would not arise. Considering the contention and as it was arising in a large number of matters, I have heard learned Counsel appearing for the legal representatives of the claimant as also other Counsel who have intervened in the matter and have advanced arguments.

2. At the outset, it may be pointed out that after arguments had been concluded on behalf of the legal representatives of the claimants, their learned Counsel referred to order dated 3rd February, 1994 of a learned Single Judge of this Court wherein it appears that the Court had allowed the legal heirs to be substituted as legal heirs and representatives. There was no formal Chamber Summons taken out to bring the legal representatives on record. The question raised before me however being of larger importance and as considerable time of

















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