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Bombay High CourtCAO/132/2024ca disposed off

Nalinibai Marotrao Amrutkar (Dead) Thr. Vijay S/O Marotrao Amrutkar And Others v. State Of Maharashtra Through Collector, Amravati And Others

2024-01-30Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:1180 1 18.cao.132.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 132 OF 2024 IN CROSS OBJECTION (XOB) (ST.) NO. 4413 OF 2023 IN FIRST APPEAL NO. 75 OF 2020 Vidarbha Irrigation Development Corporation, Amravati .VS.

Nalinibai Wd/o. Marotrao Amrutkar and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Ashwini Athalye, Advocate for the appellant Mr K. R. Lule, AGP for the State/respondent Nos. 2 and 3 Mr Pavan Sirse, Adv. h/f. Mr R. J. Shinde, Advocate for respondent No.1 CORAM :

G.A. SANAP, J.

DATE :

JANUARY 30, 2024.

Heard learned Advocate for the appellant, learned Advocate for respondent No.1 and learned AGP for respondent No.1. Perused the application. 2.

This is an application for condonation of 417 days delay caused in filing cross objection. The reasons have been stated in the application.

3.

In view of the reasons, the application is allowed subject to condition that respondent No.1 herein shall not be entitled to get any statutory benefits, including the interest payable under the Land

2 18.cao.132.2024 Acquisition Act on the enhanced amount of compensation for the delayed period, in case the cross objection is allowed.

4.

Delay of 417 days caused in filing cross objection stands condoned.

5.

The cross objection be registered.

6.

The civil application stands disposed of, accordingly.

CROSS OBJECTION (ST.). NO.4413 OF 2023 7.

Heard.

8.

Issue notice to the respondents.

9.

Learned Advocate Ms Ashwini Athalye waives service of notice on behalf respondent No.3. 10.

Learned AGP Mr K. R. Lule waives service of notice on behalf respondent Nos.1 and 2/State. FIRST APPEAL NO. 75 OF 2020 11.

The appellant is allowed to file paper book within one week.

(G. A. SANAP, J.) Namrata