Bombay High CourtCA/2595/2017disposed offdismissed for default

Godawari Marathwada Irrigation Development Corporation Thr The Executive Engineer, Jalna And ANR v. Anil Bhagwan Kale And ANR

2017-07-18Hon'Ble Shri Justice P.R. Bora2 pages

1 CA2593.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

943 CIVIL APPLICATION NO. 2593 OF 2017 IN FAST/36939/2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER, JALNA AND ANOTHER .. Applicants

VERSUS

ANIL BHAGWAN KALE AND ANR .. Respondents ...

Advocate for Applicant : Smt. Kalpalata Bharaswadkar Patil ...

WITH CA/2595/2017 IN FAST/36939/2016 CORAM : P.R. BORA, J.

Dated: July 18, 2017 PER COURT :- .

This is an application seeking leave to appeal against the Judgment and Award passed in L.A.R. No.1940/2010. It is the contention that, the acquiring body was not party before the Reference Court. The another application is filed seeking condonation of delay, which has occurred in filing the present appeal. Delay caused is of 876 days. While considering the aforesaid applications, when I looked into the impugned Judgment and Award, it is noticed

2 CA2593.2017.doc that, in the impugned Award the amount of enhanced compensation in total is Rs.12,800/-. It appears to me that, acquiring body should not have indulged in filing the appeal in such a case after the period of more than two years. The objections raised in the present matter can be raised by the acquiring body in an appropriate case. I am, therefore, not inclined to allow any of these applications. Both the applications, thus stand rejected.

( P.R. BORA, J. ) ggp