Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Nagpur Irrigation Division (South) v. Pandurang Zitru Date And Another

1511caf1899.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1899 OF 2017 IN FIRST APPEAL ST.NO.1530 OF 2017 (Vidarbha Irrigation Development Corporation vs. Pandurang Zitru Date and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mrs. N.A. Palshikar, Advocate for applicant/appellant. Shri A.M. Balpande, Assistant Government Pleader for respondent no.2.

-------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 15, 2017 Heard Mrs. Palshikar, learned Counsel for appellant and Shri Balpande, learned Assistant Government Pleader for respondent no.2. None for respondent no.1 though appears to be served.

This application is filed by appellant for grant of leave to file appeal contending that land acquisition proceedings were initiated by Executive Engineer, Minor Irrigation Division, Nagpur and after the award is passed, Irrigation Project was transferred to appellant. However, appellant was not made party in the land acquisition proceedings. It is, therefore, submitted that acquiring Body for whose benefit land was acquired was necessary party to the proceedings. As such, application is prayed to be allowed.

Having considered facts as aforesaid and as applicant is found entitled to appear and contest matter for determining just compensation, leave as prayed is granted. The civil application is disposed of as allowed.

1511caf1899.17 2/2 CIVIL APPLICATION NO.3207 OF 2017 Heard Mrs. Palshikar, learned Counsel for appellant and Shri Balpande, learned Assistant Government Pleader for respondent no.2. None for respondent no.1 though appears to be served.

This application is filed by appellant for condonation of 1261 days' delay caused in preferring appeal.

For the grounds mentioned in the application, since delay is found satisfactorily explained, same is condoned in the interest of justice. The application is disposed of as allowed.

FIRST APPEAL ST. NO.1530/2017 Heard learned Counsel for the parties.

Admit. Call R & P.

CIVIL APPLICATION NO.3208/2017 Mrs. Palshikar, learned Counsel for applicant/appellant, makes a statement that entire decretal amount as per impugned judgment and award shall be deposited within three weeks from today. Stand over to 6/12/2017.

JUDGE khj