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Bombay High CourtCA/16637/2022delay condonatedrejected

The Ex. Engineer, Irrigation Project Survekshan And Anveshan Div. Osmanabad Thr Gmidc, Aurangabad v. Kusumbai Ganpati Kadam And ORS

2023-07-07Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

ca 16637.23+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16637 OF 2022 IN FAST 26381 OF 2022 WITH CA 16638 OF 2022 IN FAST 26381 OF 2022 THE EXECUTIVE ENGINEER IRRIGATION PROJECT SURVEKSHAN AND ANVESHAN DIVISION OSMANABAD THROUGH GMIDC AURANGABAD

VERSUS

KUSUMBAI GANPATI KADAM AND OTHERS.

...

AND CIVIL APPLICATION NO.16635 OF 2023 IN FAST 26366 OF 2022 WITH CA 16636 OF 2022 IN FAST 26366 OF 2022 ...

Advocate for Appellants : Mr. S.C. Swami Advocate for Respondents : Mr. Deshmukh R.A.

...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : July 07, 2023 ...

PER COURT :- ORDER ON DELAY CONDONATION APPLICATION :

1.

By this application, the applicant is seeking to condone the delay caused in filing the appeal challenging the judgment and award passed by the Reference Court under the provisions of the Land Acquisition Act.

2.

Learned advocate appearing for the applicant invites attention of this Court to the reasons given in paragraph no.1, 2 to 4 of the application and submits that the delay is caused on account of the procedural aspect and administrative reasons. The contentions raised in the application are not controverted by the respondents. aaa/-

ca 16637.23+1.odt 3.

In that view of the matter, sufficient cause is made out to condone the delay. The applications are allowed. Delay of 3237 days caused in filing the appeal is condoned. Applications are disposed off.

4.

Appeals be registered.

ORDER ON STAY APPLICATIONS 5.

Learned advocate Mr. Swami appearing for the applicant/appellant submits that entire amount under the Award passed by the Reference Court is deposited with the Registry of this Court. Statement made is not controverted by the respondents. Hence, civil applications are allowed in terms of prayer clause ' B'

and disposed off.

( S. G. CHAPALGAONKAR, J. ) ...

aaa/-