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Bombay High CourtCA/15299/2010admittedallowedgrantedrule absolute

Gmidc Aurangabad Through Executive Engineer Nanded Minor Irrigation Divn Nanded v. The State Of Mahrashtra And ORS

2017-03-24Hon'Ble Shri Justice V.K. Jadhav2 pages

906---ca.15299.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 15299 OF 2010 IN FAST/30565/2010 GMIDC AURANGABAD THROUGH EXECUTIVE ENGINEER NANDED MINOR IRRIGATION DIVN NANDED

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. B. R. Surwase.

AGP for Respondent / State : Mr.S.P.Deshmukh. Advocate for Respondent No.3 : Mr. P. B. Vikhe Patil. ...

CORAM :

V. K. JADHAV, J.

DATE :

24th March, 2017.

P.C.:

.

Heard.

Issue notice to the Respondents.

The learned AGP waives service of notice for Respondent Nos.1 and 2 and the learned counsel appearing for Respondent No.3 / original Claimant waives service of notice.

The learned counsel for the Applicant submits that the acquiring body was not impleaded as party before the Reference Court and the Reference Court has awarded exorbitant amount of compensation. The acquiring body has preferred the appeal alongwith this application for condonation of delay by obtaining the leave of the Court.

906---ca.15299.10.odt The learned counsel for the Respondent / Claimant has no objection if the delay is condoned.

In view of the above and for the reasons stated in the application, the delay of 887 days caused in filing the appeal is hereby condoned. Civil application is allowed and accordingly disposed of. [ V. K. JADHAV, J. ] ndm