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Bombay High CourtCA/6390/2018disposed offdismissed for default

The Executive Engineer, Irrigation Project Majbutikaran Division, Omerga And ORS v. Khandu Umrao Lamjane

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 72 ca 6390.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 72 CIVIL APPLICATION NO.6390 OF 2018 IN FAST/9585/2018 WITH CA/6392/2018 IN FAST/9908/2018 WITH CA/6394/2018 IN FAST/9896/2018 WITH CA/6396/2018 IN FAST/9911/2018 WITH CA/6398/2018 IN FAST/9902/2018 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION, OMERGA AND ORS

VERSUS

KHANDU UMRAO LAMJANE ...

Advocate for Applicants : Mr. Bhosale Sanjaykumar B. ...

CORAM : MANGESH S. PATIL, J.

DATE : 15.11.2019 P.C. :- Heard the learned advocate for the acquiring body. The respondents who are the original claimants have been duly served but have not appeared.

2.

By way of these applications the acquiring body and the State are seeking condonation of delay of 1441 days in filing Appeals against the orders passed by the Reference Court.

( 2 ) 72 ca 6390.18 3.

Obviously, the amount of compensation is inclusive of the burden of interest @ 9% and 15%. Obviously, when the acquiring body is carrying such a burden, it would not have allowed the Appeals to be barred without there being just and sufficient reason. At least it cannot be said that there are certain mala fides or any ulterior motive.

4.

Considering the grounds mentioned in the applications the delay is condoned subject to the acquiring body depositing an amount of Rs.5,000/- by way of costs. Civil Applications are disposed of. [MANGESH S. PATIL, J.] mub