Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Lower Wardha Canal Division And Another v. Sau. Nandabai Purushottam Jadhav And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2806/2019 IN FIRST APPEAL (ST) NO. 7862/2019 Vidarbha Irrigation Development Corporation & anr. -VERSUSSou. Nandabai Purushottam Jadhav & ors. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Ms. J. J. Alkari, Advocate for appellants/applicants. Ms. T. Udeshi, AGP for respondent Nos. 2 and 2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 20.01. 2021.

The appellant/applicant No.1 is the Acquiring Body. It was not made a party to the Land Acquisition Case No. 90/2016. In view of this fact and the reasons stated in para 2 and 3 of the application, leave is granted to the applicant to challenge the judgment and award dated 28.11.2018 in LAC No. 90/2016.

2.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 7863/2019 3.

Filing of affidavit dispensed with.

4.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 4257/2019 5.

Counsel for applicantS/appellants states that the entire decreetal amount has been deposited before the Reference Court. In view of this statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

FIRST APPEAL (ST) NO. 7862/2019 6.

Issue notice before admission to the respondents returnable after four weeks.

7.

Learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

(SMT. ANUJA PRABHUDESSAI, J.)

Gohane.