Executive Engineer, Van Project, Vidarbha Irrigation Development Corporation, Tah. Shegaon, Buldhan v. Anilkumar S/O Chaganlal Agrawal And Others

1 22 caf 805-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 805 OF 2020 IN FIRST APPEAL STAMP NO. 343 OF 2020 Executive Engineer, Van Project, Vidarbh Irrigation Development Corporation, Tahsil Shegaon, Distt. Buldhana ..vs..

Anilkumar S/o Chhaganlal Agrawal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Kalra, Advocate for applicant Shri A.M. Kadukar, A.G.P. for non-applicant No.5/State CORAM :

SMT. ANUJA PRABHUDESSAI , J.

DATED :

11/02/ Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

By this application, the applicant has sought to condone the delay of 399 days in filing the appeal under Section 54 of the Land Acquisition Act. 3.

The respondent Nos. 1 to 4 have not contested the application, despite being duly served. Having considered the reason stated in the application, which in my considered view, constitutes sufficient ground, the delay is condoned. Appeal to be registered after removal of office objections, if any. Application stands disposed of.

2 22 caf 805-2020 CIVIL APPLICATION (CAF) NO. 806 OF 2020 The applicant had sought stay of execution and implementation of the impugned judgment.

2.

Learned Counsel for the appellant states that the principle amount has been deposited before this Court. He states that the balance amount will be deposited before this Court within six weeks. In the light of the said statement, execution and implementation of the impugned judgment is stayed till the hearing of the appeal. In the event, the appellant fails to deposit balance amount within six weeks, stay order shall stand vacated without reference of this Court. Application stands disposed of. FIRST APPEAL STAMP NO. 343 OF 2020 Heard.

2.

Admit.

3.

Call record and proceeding.

4.

Paper book to be filed within six weeks.

5.

Issue notice to the respondent Nos. 1 to 4.

6.

Learned A.G.P. waives service of notice for respondent No.5/State.

JUDGE Signed By:RANJANA SAMEER SAHARE R.S. Sahare