Vidarbha Irrigation Development Corporation, Thr. Its Executive Engineer v. Paiku Komati Atram And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2785 of 2015 And Civil Application (CAF) No.3533 of 2015 And Civil Application (CAF) No.3534 of 2015 In First Appeal Stamp No.7875 of 2015 (VIDC, through its Executive Engineer, Yavatmal Medium Project Division, Yavatmal v. Paiku Komati Atram and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Vinay Dahat, Advocate for Applicant/Appellant. Smt. G.R. Tiwari, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 3 rd February, 2016 Civil Application (CAF) No.2785 of 2015 & Civil Application (CAF) No.3533 of 2015 :

The application for leave to file an appeal and the application for condonation of 1129 days' delay caused in filing an appeal are to be considered.

Notices were issued on 30-10-2015. All the respondents are served. No reply is filed. The applications are not opposed. The main ground is that the applicant-VIDC, which is the acquiring body, has not been joined as the party-respondent in the proceedings of reference under Section 18 of the Land Acquisition Act.

In view of this, after going through the averments made in both these applications, I am satisfied that a sufficient cause is made out for leave to appeal and also for condonation of delay. Hence, both these applications are allowed. The leave to file appeal is granted and the delay caused is condoned. The civil applications are disposed of.

First Appeal Stamp No.7875 of 2015 :

The question involved is whether the enhancement could have been granted in the absence of the acquiring body being joined as the party-respondent in the proceedings of reference under Section 18 of the Land Acquisition Act. In view of this, issue notice for final disposal of the matter, to the respondents, returnable on 27-4-2016.

Smt. G.R. Tiwari, the learned AGP, waives service of notice for the respondent Nos.2 and 3.

Service to the respondent No.1 by RPAD in addition to regular mode, is allowed.

Call for R & P.

Civil Application (CAF) No.3534 of 2015 :

There shall be stay in terms of prayer clause (A) of this civil application, which shall continue to operate pending the decision of the appeal.

The applicant/appellant to deposit the entire decretal

amount in this Court within a period of eight weeks from today; failing which the stay granted by this Court shall stand vacated and the application for stay shall stand rejected without reference to the Court.

The civil application is disposed of.

Judge.

Lanjewar