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Bombay High CourtCA/11653/2021allowed to be withdrawn at admission stage

The Chief Officer Raver Municipal Council Raver, Jalgaon v. The S.L.A.O. Reservation O. 59, Jalgaon And ORS

2024-12-06Hon'Ble Shri Justice Kishore C. Sant3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 CIVIL APPLICATION NO. 11655 OF 2021 IN FAST/26890/2021 The Chief Officer Raver Municipal Council Raver, Jalgaon

VERSUS

The S.l.a.o. Reservation O. 59, Jalgaon And Ors WITH CIVIL APPLICATION NO. 11653 OF 2021 IN FAST/26890/2021 WITH CIVIL APPLICATION NO. 11654 OF 2021 IN FAST/26890/2021 ...

Mr. A. N. Kakade, Advocate for Applicant.

Mr. Yash S. Pareek h/f A. B. Kale for Respondent No.3. Mr. K. B. Jadhavar, AGP for Respondent-State. CORAM : KISHORE C. SANT, J.

DATE : 6th DECEMBER 2024 PC :- Heard the parties.

2.

This application is filed by the acquiring body for condonation of delay of 2725 days caused in filing the application seeking leave to file appeal. It is the case of the applicant that though the applicant happens to be the acquiring body. It was not made a party in the reference Court.

( 2 ) Since it was not a party, it could not get a knowledge of the order passed in the Reference Court.

3.

Considering the above, this Court is satisfied that case is made out to condone the delay.

4.

Delay thus stands condoned.

5.

Application is allowed and disposed off.

CIVIL APPLICATION FOR LEAVE TO FILE APPEAL This application is for leave to file appeal. The applicant happens to be the acquiring body for being the property of the respondentclaimant was acquired. The claimant filed reference under Section 18 of the Land Acquisition Act without making present applicant as a party. 6.

The learned Advocate for the Applicant relied on the judgment in the case of Vidarbha Irrigation Development Corporation Vs. Sadanand Damodhar Mawale and Ors. [2010 (5) ABR (NOC) 496 (BOM.) (NAGPUR BENCH].

7.

Considering the above, application stands allowed and disposed off.

8.

Office to register the first appeal.

( 3 ) FIRST APPEAL Issue notice to the Respondents, returnable on 7th February 2025. 2.

Learned AGP waives service of notice for Respondent Nos.1 and 2. 9.

Learned Advocate Mr. Kale waives for Respondent No.3. STAY Stand over to 7th February 2025.

[KISHORE C. SANT, J.] Ethape