The Ex Engineer N M C Division Vaijapur v. The State Of Mah And ANR

CA No. 4755/09

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 4755 OF 2009 IN FAST/7268/2009 WITH CA/4753/2009 IN FAST/7275/2009 WITH CA/4754/2009 IN FAST/7275/2009 WITH CA/4756/2009 IN FAST/7268/2009 THE EX ENGINEER N M C DIVISION VAIJAPUR

VERSUS

THE STATE OF MAH ND ORS ...

Advocate for Applicant : V R Sonvalkar AGP for Respondent No. 1 : K.N. Lokhande Advocate for Respondent Nos. 2 and 3 : A.B. Kale ...

CORAM : T.V. NALAWADE, J.

DATED : 19th January, 2016.

PER COURT :

1.

There are two civil applications filed for condonation of delay and there are two connected civil applications filed for permission to file appeal. The proceedings are filed by the Acquiring Body. The Acquiring Body was not party in land reference proceedings decided against the Acquiring Body and so, the Acquiring Body wants to file appeals against those references. In all the matters notices are served on the other side.

2.

In view of the contentions made in the applications and submissions made and due to the fact that Acquiring Body was not made party in the references, this Court holds that

CA No. 4755/09 sufficient cause is shown. Both the applications filed for delay condonation are allowed. Delay is condoned. Applications filed for leave to file appeals are allowed and leave is granted. 3.

Notice in appeals to the respondents. The learned AGP waives notice for State. Notice to other respondents, original claimants are made returnable on 28.3.2016. Call record and proceeding.

[ T.V. NALAWADE, J. ] ssc/