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Bombay High CourtCAF/69/2017ca disposed off

The Executive Engineer, Bembla Project Division, Yavatmal v. Abhay Haribhau Hajare And Others

2017-05-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

68.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION NO. 68 OF 2017 WITH CIVIL APPLICATION NO. 69 OF 2017 WITH CIVIL APPLICATION NO. 70 OF 2017 IN/WITH FIRST APPEAL (ST) NO. 299 OF 2016 Executive Engineer, Bembla Project Division, Yavatmal, Tq. & Dist. Yavatmal.

..APPELLANT

VERSUS

Abhay Haribhau Hajare & ors ..RESPONDENTS WITH CIVIL APPLICATION NO. 71 OF 2017 WITH CIVIL APPLICATION NO. 72 OF 2017 WITH CIVIL APPLICATION NO. 73 OF 2017 IN/WITH FIRST APPEAL (ST) NO. 236 OF 2016 Executive Engineer, Bembla Project Division, Yavatmal, Tq. & Dist. Yavatmal.

..APPELLANT

VERSUS

Anil Haribhau Hajare & ors ..RESPONDENTS Mr S.S. Godbole, Advocate for appellant;

Mrs M.S. Naik, A.G.P. for respondent Nos. 2 & 3

68.17ca (2) CORAM : N.W. SAMBRE, J.

DATE : 5th MAY, 2017 ORAL ORDER :

For the reasons disclosed, delay caused in preferring the first appeals, stands condoned. 2.

After having heard for some time, Mr.

Godbole, learned Counsel for the appellant, who has tried to differentiate the judgment in the matter of V.I.D.C. vs. Anjali reported in 2013(2) Mh.L.J. 456 on the ground of dissimilarity about quality of the land. In my opinion, the appeals are covered by the said judgment for the reasons as are recorded in the said judgment. As such, no interference is warranted. The appeals fail, stand dismissed in terms of reasons recorded in the judgment delivered in V.I.D.C. vs. Anjali, cited supra.

3.

In view of dismissal of appeals, pending civil applications stand disposed of.

(N.W. SAMBRE, J.) Tupe