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Bombay High CourtCAW/1368/2016disposed off

Maharashtra Krishna Valley Development Corporation v. Balasaheb Laxman Malshikare And ORS.

2018-04-06Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

CAW1368.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.1368 OF 2016 IN WRIT PETITION NO.11315 OF 2013 Maharashtra Krishna Valley Development Corporation ... Applicant v/s Balasaheb Laxman Malshikare and others ... Respondents Mr V.S. Tadke i/b Mr D.D. Shinde for Applicant. Mr A.I. Patel, AGP for Respondent Nos.1 to 3. CORAM : K.K. TATED AND B.P. COLABAWALLA, JJ.

DATE :

06 APRIL, 2018.

P.C. :- 1.

Heard learned counsel for the parties.

2.

This is an application preferred by Respondent No.4 for extension of time to comply with the order dated 22nd February 2016 passed by this Court (Coram - A.S.Oka and C.V. Bhadang JJ.) in Writ Petition No.11315 of 2013.

3.

The learned counsel for Applicant submits that this Court by order dated 22nd February 2016 directed the Applicant to pay the compensation amount payable to the person entitled to compensation VRD

CAW1368.16.sxw under the award dated 2nd May 2012 within a period of three months from that order. The learned counsel for Applicant submits that they have already deposited the entire amount in Office of the Special Land Acquisition Officer on 19th July 2016. He submits that there was a delay of two months in complying with the order dated 22nd February 2016. He submits that in the interest of justice, delay may be condoned.

4.

Considering the submission made by the learned counsel for Applicant and as the Applicant has deposited the entire amount on 19th July 2016, we satisfy that the Applicant has made out a case. Hence the following order :- A) Civil Application is allowed in terms of prayer clause (b) which reads thus :- "(b) the conditional order dated 22.02.2016 passed by this Hon'ble Court consisting Coram : A.S.OKA AND C.V. BHADANG, JJ, for depositing entire decreetal amount in Reference Court within three months may kindly be extended by further period of six months."

B) No order as to costs.

C) Civil Application stands disposed of accordingly. (B.P. COLABAWALLA, J) (K.K. TATED, J.) VRD