Bombay High CourtCA/3745/2023delay condonatedrejected

The Executive Engineer, Minor Irrigation Division, Osmanabad. v. Venkat Narsing Padval

2023-07-13Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO.3745 OF 2023 IN FIRST APPEAL ST. NO. 3609 OF 2023 AND CIVIL APPLICATION NO. 3776 OF 2023 IN FIRST APPEAL ST. NO. 8940 OF 2023 CIVIL APPLICATION NO. 3778 OF 2023 IN FIRST APPEAL ST. NO. 8946 OF 2023 CIVIL APPLICATION NO. 3780 OF 2023 IN FIRST APPEAL ST. NO. 8951 OF 2023 AND CIVIL APPLICATION NO. 3787 OF 2023 IN FIRST APPEAL ST. NO. 9044 OF 2023 CIVIL APPLICATION NO. 3928 OF 2023 IN FIRST APPEAL ST. NO. 9405 OF 2023 CIVIL APPLICATION NO.3930 OF 2023 IN FIRST APPEAL ST. NO. 9409 OF 2023 Heard rival submissions.

The applicant-acquiring body is seeking

{2} condonation of delay periods, as mentioned in these applications, which appear to be caused due to obtaining approvals at various stages. The respondents-claimants, despite service, remained absent.

Hence, by considering the statutory right of the applicant, delay periods, in all these applications, stand condoned.

Appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.

{3} CIVIL APPLICATION NO.3746 OF 2023 IN FIRST APPEAL ST. NO. 3609 OF 2023 AND CIVIL APPLICATION NO. 3777 OF 2023 IN FIRST APPEAL ST. NO. 8940 OF 2023 CIVIL APPLICATION NO. 3779 OF 2023 IN FIRST APPEAL ST. NO. 8946 OF 2023 CIVIL APPLICATION NO. 3781 OF 2023 IN FIRST APPEAL ST. NO. 8951 OF 2023 AND CIVIL APPLICATION NO. 3788 OF 2023 IN FIRST APPEAL ST. NO. 9044 OF 2023 CIVIL APPLICATION NO. 3929 OF 2023 IN FIRST APPEAL ST. NO. 9405 OF 2023 CIVIL APPLICATION NO.3931 OF 2023 IN FIRST APPEAL ST. NO. 9409 OF 2023 Since the appellant-acquiring body has not deposited the amounts of compensation, in all these matters,

{4} as directed by this Court on 23.03.2023, the respective respondents-claimants are at liberty to pursue the remedy of fling execution proceedings for recovery of compensation amounts.

{5} CIVIL APPLICATION NO.3789 OF 2023 IN FIRST APPEAL ST. NO. 9050 OF 2023 CIVIL APPLICATION NO. 3790 OF 2023 IN FIRST APPEAL ST. NO. 9050 OF 2023 Stand over to 10.08.2023.