Vidarbha Irrigation Devp. Corporation, Thr. Exe. Engineer, Bembla Project Div., Yavatmal v. Vinayak Rajaram Ingalkar And Others

CAF3182-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.3182/201 6 IN FIRST APPEAL ST. NO.173/2016 (VIDARBHA IRRIGATION DEVELOPMENT CORPORATION VERSUS VINAYAK RAJARAM INGALKAR & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Counsel for the appellant.

Shri B.M. Lonare, AGP for the respondent No.3 & 4. CORAM : S .B. SHUKRE , J.

DATE : OCTOBER 30 , 2017 .

Heard learned counsel for the applicant and learned AGP for respondent Nos.3 and 4. None appears for respondent Nos.1 and 2, though duly served.

There is no dispute about the fact that the applicant is the beneficiary and authority, who would be required to pay the compensation in the ultimate analysis and therefore, as per the law now settled by the Hon'ble Apex Court, the applicant would be a necessary party. Therefore, this application deserves to be allowed.

The application is allowed. Leave to file appeal is granted. Appeal be registered.

The application stands disposed of.

FIRST APPEAL ST. NO.173/2016 Heard.

Admit.

Call for R & P.

CAF3182-16 Learned A.G.P. waives notice on merits for respondent Nos.3 and 4.

Issue notice for final disposal to respondent Nos.1 and 2, returnable in four weeks.

JUDGE SHRIPAD