The Ex. Engineer, Hatnur Canal Div. Hatnur (Now Named As Lower Tapi Project Div. Amlaner) Jalgaon v. Kishor Khanderao Patil And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 2975 OF 2022 IN FAST/14964/2021 The Ex. Engineer, Hatnur Canal Div. Hatnur (Now Named as Lower Tapi Project Div. Amalner) Jalgaon .. Applicant

Versus

Kishor Khanderao Patil and Ors.

.. Respondents ...

Advocate for the Applicant : Shri. Ajay D. Pawar AGP for the Respondents No.3 to 5 : Smt. V. S. Chaudhari Advocate for Respondents No. 1 & 2 : Shri. P. B. Rakhunde ...

WITH FIRST APPEAL (ST) NO.14964/2021 ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated : February 6, 2024 PER COURT :- In Application :

.

This is the Application for condonation of 500 days delay in preferring the First Appeal by the Acquiring Body. 2.

We have heard learned Advocate for the Acquiring Body, learned AGP for the State and learned Advocate for the Claimants / Respondents.

3.

Learned Advocate for the Claimants / Respondents opposed to condone the delay.

4.

It is not disputed that the Acquiring Body has deposited 80% of the amount awarded by the Reference Court. 5.

For the reasons stated in the Application, the same is allowed. Delay of 500 days is condoned. Appeal be registered. In Appeal :

6.

Heard.

7.

Appeal is admitted.

8.

Learned Advocate Shri. P. B. Rakhunde waives service for Respondents No. 1 and 2. Learned AGP waives service for Respondents No. 3 to 5.

9.

Call for Record and Proceedings.

( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 09/02/2024 12:01:55