Bombay High CourtCAF/3574/2018ca disposed off

V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Bhimrao Shamrao Palekar And Others

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

1804caf3573.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3573/2018 IN FIRST APPEAL ST. NO.6257/2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal Tq. And Dist. Yavatmal and another ...Versus...

Bhimrao Shamrao Palekar 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 M.A. Kadu, Counsel for applicants Shri A.B. Nakshane, Counsel for respondent no.1 Smt. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard.

Perused the application. There is a delay of 369 days caused in filing the first appeal.

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. No order as to costs.

1804caf3573.18.odt FIRST APPEAL ST. NO.6257/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Smt. Hemlata Jaipurkar waives service of notice for the respondent nos. 2 and 3. CIVIL APPLICATION (CAF) NO.3574/2018 Heard.

The learned Counsel for the applicant has submitted that already the entire amount of compensation is deposited before the reference Court.

In view of the statement made on behalf of the applicant, the impugned judgment and award dated 27/10/2016 passed by the Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.330/2007 is hereby stayed till final disposal of the appeal.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.