Tapi Irrigation Development Corporation Thr The Exe Engineer, Hatnur Project Div., Jalgaon v. The Collector, Jalgaon And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO. 3578 OF 2016 IN FAST/14674/2015 WITH CA/3621/2016 IN FAST/14674/2015 WITH CA/3644/2016 IN FAST/14613/2015 WITH CA/3645/2016 IN FAST/14613/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. ...

933 CIVIL APPLICATION NO. 5373 OF 2016 IN FAST/11726/2015 WITH CA/5374/2016 IN FAST/11726/2015 WITH CA/5387/2016 IN FAST/11735/2015 WITH CA/5388/2016 IN FAST/11735/2015 WITH CA/5393/2016 IN FAST/11747/2015 WITH CA/5394/2016 IN FAST/11747/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THR THE EXE. AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. 935 CIVIL APPLICATION NO. 6431 OF 2016 IN FAST/13381/2015 WITH CA/6432/2016 IN FAST/13381/2015 WITH CA/6435/2016 IN FAST/13402/2015 WITH CA/6436/2016 IN FAST/13402/2015 WITH CA/6437/2016 IN FAST/13396/2015 WITH CA/6438/2016 IN FAST/13396/2015 WITH CA/6441/2016 IN FAST/13384/2015 WITH CA/6442/2016 IN FAST/13384/2015

WITH CA/6450/2016 IN FAST/13399/2015 WITH CA/6451/2016 IN FAST/13399/2015 WITH CA/6454/2016 IN FAST/13432/2015 WITH CA/6455/2016 IN FAST/13432/2015 WITH CA/6460/2016 IN FAST/13613/2015 WITH CA/6461/2016 IN FAST/13613/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. S. N. Morampalle. 937 CIVIL APPLICATION NO. 7123 OF 2016 IN FAST/13517/2015 WITH CA/7124/2016 IN FAST/13517/2015 TAPI IRRIGATION DEVELOPMENT CORPN. THR THE EXE ENGINEER HATNUR PROJECT DIVN JALGAON THE COLLECTOR JALGAON AND ORS AGP for Respondent Nos.1 & 2 : Mr. A. M. Phule. ...

940 CIVIL APPLICATION NO. 7407 OF 2016 IN FAST/26620/2015 WITH CA/7408/2016 IN FAST/26620/2015 WITH CA/7423/2016 IN FAST/26654/2015 WITH CA/7424/2016 IN FAST/26654/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THR THE EXE AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. ...

944 CIVIL APPLICATION NO. 10622 OF 2016 IN FAST/32997/2015 WITH CA/10623/2016 IN FAST/32997/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXE AGP for Respondent Nos.1 & 2 : Mr. S. S. Dande. 945 CIVIL APPLICATION NO. 11510 OF 2016 IN FAST/26140/2015 WITH CA/11512/2016 IN FAST/26140/2015 WITH CA/11523/2016 IN FAST/26136/2015 WITH CA/11524/2016 IN FAST/26136/2015 TAPI IRRIGATION DEVELOPMENT CORPORATION THR THE EXE AGP for Respondent Nos.1 & 2 : Mr. S. M. Phule. CORAM :

V. K. JADHAV, J.

DATE :

19th July, 2017.

P.C.:

.

Heard the learned counsel for the Applicant / acquiring body. Though this Court by order passed today in other connected civil applications condoned the delay caused in preferring the appeals, further dismissed the appeals on the ground that the Supreme Court in Civil Appeal Nos.2817-18 of 2005 and in Civil Appeal No.2819 of 2005 with Civil Appeal Nos.2820-2821 of 2005 by order dated 11th November, 2010, confirmed the order passed by the Reference Court

in respect of the compensation awarded for the open space and further increased the compensation with regard to the compensation payable in respect of the structure raising from Rs.1,200/- per square meter to Rs.1,700/- per square meter. So far as the present civil applications are concerned, though notices are issued to the Respondents / original Claimants, it is reported that the Respondents / Claimants are no more. No purpose would be served in keeping these civil applications pending since the connected appeals preferred by the acquiring body came to be dismissed by this Court. In view of the same, the civil applications seeking condonation of delay are hereby rejected. Consequently, the first appeals shall be refused registration. The civil applications seeking stay to the impugned judgment and award are also disposed of accordingly. Court fees be refunded as per Rules.

[ V. K. JADHAV, J. ] ndm