The Ex. Engineer, Medium Irri. Pro. Thr M.K.V.D.C, Osmanabad v. Hanumanta Dharmanna Jamadar (Died) Thr Lrs Rajshri And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 13383 OF 2024 IN FAST/4427/2021 WITH CIVIL APPLICATION NO. 2092 OF 2021 IN FAST/4427/2021 WITH CIVIL APPLICATION NO. 2093 OF 2021 IN FAST/4427/2021 HANUMANTA DHARMANNA JAMADAR (DIED) THR LRS RAJSHRI AND ORS ....Applicant

VERSUS

THE EX. ENGINEER, MEDIUM IRRI. PRO. THR M.K.V.D.C, OSMANABAD AND ORS .....Respondent .....

Advocate for Applicants : Mr. Dhananjay A Naik AGP for Respondent/State: Mr. R.D. Raut ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 06 FEBRUARY , 2025

ORDER

IN CIVIL APPLICATION NO. 13383 OF 2024 IN FAST/4427/2021 1.

Heard rival submissions.

2.

Though the learned counsel Mr. Bhalerao, submits that he has not received the copy of application, but on going through the application it appears that the application is filed by the applicants/claimants only for permitting applicant No.2 to perform official work on behalf of applicant No.1/A to 1/C

(2) on the basis of power of attorney dated 25.09.2024 to see that the withdrawal of compensation amount as directed by this Court under order dated 19.01.2024 and its deposit in the joint account of all the applicants.

3.

As such, the application stands allowed only to that extent and applicant No.2 is permitted to carry out the necessary formalities on behalf of applicant Nos. 1A to 1C for the purpose of withdrawing the amount of compensation. 4.

Application is disposed of.

IN CIVIL APPLICATION NO. 2093 OF 2021 IN FAST/4427/2021 (Stay) Since the appellant/Acquiring Body has deposited the amount of compensation as directed by this Court, the application is made absolute in terms of its prayer during the pendency of this appeal and disposed of.

IN CIVIL APPLICATION NO. 2092 of 2021 1.

Heard rival submissions.

2.

The applicant/Acquiring Body is seeking condonation of huge delay of 1769 days in filing First Appeal which appears to be caused due to obtaining sanctions at various stages.

(3) 3.

The learned counsel for the respondent/claimants strongly opposed the application, on the ground that the delay is inordinate.

4.

However, considering the statutory right of the applicant/Acquiring Body and for the reasons stated in the application, it stands allowed in terms of prayer clause (B) and disposed of.

5.

Appeal be registered after removal of office objections, if any.

6.

List the appeal on 20.02.2025.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni