Executive Engineer Irrigation Project Strengthening Division. Osmanabad. v. Dhananjay Vasantrao Choudhari And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.13230/2014 932 CIVIL APPLICATION NO. 13230 OF 2014 IN FAST/8269/2014 EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING DIVISION. OSMANABAD.

VERSUS

DHANANJAY VASANTRAO CHOUDHARI AND OTHERS ...

Advocate for Applicant : Mr.Sangle Shirish G. AGP for Respondent State: Mr. S.P.Sonpawale.

...

CORAM : P.R. BORA, J.

Dated: July 12, 2017 ...

PER COURT :- 1.

Respondent no.1 i.e. original claimant though is duly served, has not entered appearance in the matter. 2.

Heard Shri S.G. Sangale, learned Counsel appearing for the acquiring body and Shri S.P.Sonpawale, learned A.G.P., for respondent State.

3.

Delay of 376 days has occurred in in filing the present appeal. Usual reasons are stated in justification of the delay caused that the procedural compliances were to be made and in making such compliances, time was consumed. It was further submitted by the learned Counsel that when the Special Land Acquisition Officer had offered compensation to the acquired land at the rate of Rs.1365/- per Are, the Reference Court has enhanced it to Rs.5,000/- per Are.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.13230/2014 4.

Having considered the facts as aforesaid, it appears to me that prima facie case is made out to re-scrutinize the evidence. Since public money is involved, I am inclined to allow this application. Hence, the following order:

ORDER

1.

The Civil Application for condonation of delay is allowed. Delay caused in filing the application is condoned. The Appeal be registered in accordance with law. Civil Application stands disposed of.

( P.R. BORA, J. ) ...

agp/-