Bombay High CourtCAF/1743/2019admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim v. Niranjan Shriram Fupare And Others

2019-04-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1804caf1743 .19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1743/2019 IN FIRST APPEAL ST. NO.1672/2019 Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Washim, Dist. Washim ...Versus...

Niranjan Shriram Fupare 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 H.D. Marathe, Counsel for applicant CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard.

Issue notice to the respondents.

Learned Counsel Shri A.B. Darekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri I.J. Damle waives service of notice for the respondent nos.2 and 3.

Perused the application. There is a delay of 187 days caused in filing the first appeal.

Learned Counsel for the respondent no.1 has no objection, if the delay is condoned.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

1804caf1743 .19.odt FIRST APPEAL ST. NO.1672/2019 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri A.B. Darekar waives service of notice for the respondent no.1 and learned Assistant Government Pleader Shri I.J. Damle waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.1744/2019 Heard.

The learned Counsel for the applicant has submitted that the entire amount of compensation will be deposited in this Court within twelve weeks.

In view of the statement made on behalf of the applicant, permission to deposit the entire amount of compensation in this Court within twelve weeks is granted. The impugned judgment and award dated 13/9/2017 passed by the Civil Judge, Senior Division, Link Court, Mangrulpir in Land Acquisition Case No.489/2013 is hereby stayed until further orders.

JUDGE Wadkar, P.S.