Kaskar was acquitted in a case under Maharashtra Control of Organised Crime Act in 2007. The state immediately filed an appeal, which was admitted, but has not come up for hearing yet.
Kaskar recently filed an application, requesting the court to expedite the hearing, saying that as the case was pending, whenever he or his children applied for passport, it was refused.
The division bench of Justices V M Kanade and P D Kode today allowed the application, and said it would start hearing on the appeal from December 3.
Kaskar had been charged under the stringent MCOCA for entering into a criminal conspiracy to construct the shopping mall `Sara-Sahara' on a government land in south Mumbai, at the instance of Dawood.
But the special MCOCA court acquitted Kaskar, builder Ghulam Nabi Tanwar and four officials of Brihanmumbai Municipal Corporation in the case, while convicting Tariq Parveen, Abdul Rehman Abdul Gafoor Shaikh and Abdul Sattar Haji Jinabhai Radhanpura.