Executive Engineer, Strengthening Irrigation Division v. Massa Bhawani Kamble, L.Rs. Pandharinath And Others

1 902-15979-2013 & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15979 OF 2013 IN FIRST APPEAL STAMP NO. 30414 OF 2013 EXECUTIVE ENGINEER, LIFT IRRIGATION PORJECT DIVISION,OSMANABAD

VERSUS

GOVIND VENKAT JADHAV AND OTHRS Mr. S.G. Sangle, Advocate for Applicants Mr. A.M. Phule, Assistant Government Pleader for Respondent/State Mr. R.V. Naiknaware, Advocate for Respondents WITH CA/15981/2013 IN FAST/30426/2013 WITH CA/15983/2013 IN FAST/30393/2013 WITH CA/15985/2013 IN FAST/30408/2013 WITH CA/15989/2013 IN FAST/30405/2013 WITH CA/15991/2013 IN FAST/30402/2013 WITH CA/15993/2013 IN FAST/30417/2013 WITH CA/15995/2013 IN FAST/30420/2013 CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 25th JULY, 2019 ORAL ORDER:

1.

The learned Advocate Mr. R.V. Naiknaware submits that he has instructions to appear for all the claimants. He may file his Vakalatnama within a period of two weeks.

2.

All these applications have been filed for getting the delay condoned in filing first appeal by the Acquiring Body. The Acquiring Body intends to challenge the judgment and award passed by the

2 902-15979-2013 & Ors. Reference Court in land acquisition references. 3.

The learned Advocate for the claimants strongly opposed the applications on the ground that the delay has not been properly explained, which is huge and inordinate. However, taking into consideration the reasons and steps stated to have been taken by the Acquiring Body for obtaining permissions and sanctions, liberal approach is taken. The delay stands condoned. Applications stand allowed and disposed of accordingly.

4.

Learned Advocate representing the Acquiring Body makes a statement that though this Court had passed conditional order on stay application, yet the decreetal amount has not been deposited within the aforesaid period. Now, efforts would be made to deposit the said amount within a period of eight weeks. Taking into consideration the said statement on behalf of the applicants, hope that the advise by the learned Advocate to the applicant, the amount would be deposited within the aforesaid period. 5.

Registry to verify and register the first appeal and place it for further consideration on 04.11.2019.

[ SMT. VIBHA KANKANWADI ] JUDGE mta