The Executive Engineer Kadwa Canal Division, Nashik v. The State Of Maharashtra Through Special Land Acquisition Officer No.2,Nashik And ORS

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.771 OF 2014 IN FIRST APPEAL (ST) NO.30645 OF 2013 WITH CIVIL APPLICATION NO.773 OF 2014 IN FIRST APPEAL (ST) NO.30655 OF 2013 WITH CIVIL APPLICATION NO.775 OF 2014 IN FIRST APPEAL (ST) NO.30662 OF 2013 WITH CIVIL APPLICATION NO.777 OF 2014 IN FIRST APPEAL (ST) NO.30668 OF 2013 WITH CIVIL APPLICATION NO.779 OF 2014 IN FIRST APPEAL (ST) NO.30675 OF 2013 WITH CIVIL APPLICATION NO.781 OF 2014 IN FIRST APPEAL (ST) NO.30819 OF 2013 WITH CIVIL APPLICATION NO.783 OF 2014 IN FIRST APPEAL (ST) NO.30827 OF 2013 WITH Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prathamesh A. Gokhale i/b. B. R. Khemani for the Applicant Mr. Sham Valve for the Respondent No.3.

Mr. A. R. Patil, AGP for State.

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CORAM : K. K. TATED, J.

DATE : MARCH 12, 2015 P.C.:

1.

Heard. These Applications are preferred by the Acquiring Body for condonation of 327 days delay in filing the above appeals challenging the common judgment and award dated 03/08/2012 passed by the Reference Court holding that the Respondents claimants are entitled to enhanced compensation.

2.

The learned counsel for the Respondent vehemently opposed the present Civil Applications. He submits that the Applicants have not shown sufficient cause for condonation of delay. Same be dismissed with costs.

3.

Considering the submissions made by the learned counsel for the Applicants and the averments made in the Applications, I am satisfied that the Applicants have made out a case for allowing the present Civil Applications.

4.

Hence, the following order:

a) Delay in filing the First Appeals challenging the common judgment and award dated 03/08/2012 passed by the Reference Court is condoned.

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b) The Applicants are directed to remove all office objections within 4 weeks from today, failing which the First Appeals shall stand dismissed without further reference to the court.

c) Civil Applications stand disposed off accordingly.

d) All First Appeals with pending Civil Applications for stay to be placed on board for admission & orders on 15/04/2015.

JUDGE 3/3