Balwant Pundlikrao Padole And 5 ORS v. State Of Mah. Thr. Its Secty., Irrigation Department Mumbai And ORS

4cao 19.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAO) No. 19/2022 IN Misc. Civil Application (MCAST) No. 3733/2020 IN Writ Petition (WP) No. 3140/2009 (D) Shri Balwant Pundlikrao Padole and ors. ..VS.. State of Maharashtra and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri M.S. Talele, Advocate for the applicants Miss. Nivedita P. Mehta, AGP for non-applicant nos. 1 and 2/State CORAM : A. S. CHANDURKAR AND G.A. SANAP, J.J. DATED : 21/02/2022 The applicants seek condonation of delay in filing the application for restoration of the writ petition. The writ petition was dismissed in default on 16.02.2017.

In the writ petition a challenge has been raised to the Award passed in the proceedings under the Land Acquisition Act, 1894. It is submitted on behalf of the applicants that with a passage of time the applicants have received the amount of compensation that was granted under the Award.

In view of this subsequent event no useful purpose would be served by restoring the writ petition. It would be open for the applicants to seek enhancement in the amount of compensation if permissible in law.

For this reason, it is not necessary to entertain the Civil Application and Misc. Civil Application (Restoration). They are accordingly disposed of. No costs.

by SANDIP MAHADEV GATE Date: 2022.02.22 10:32:27 +0530 SANDIP MAHADEV GATE JUDGE JUDGE SMGate