Executive Engineer, Medium Project Division, Nagpur v. Somraj S/O Tukaram Khanwe And 2 Others

0302caf1832.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.1832 of 2015 And Civil Application (CAF) No.1833 of 2015 In First Appeal Stamp No.8666 of 2015 (Executive Engineer, Medium Project Division, Nagpur v. Somraj s/o Tukaram Khanwe and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Anoop Parihar, 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.1832 of 2015 :

Notice was issued to the respondents on this application for condonation of 111 days' delay caused in filing an appeal under Section 54 of the Land Acquisition Act. All the respondents are served. No reply is filed. The application is not opposed. After going through the averments made in the application, which remain uncontroverted, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned.

The civil application is disposed of.

0302caf1832.15.odt First Appeal Stamp No.8666 of 2015 :

The enhancement granted by the Reference Court is in respect of the trees, which is from Rs.72,416/- to Rs.3,35,000/-. Admit.

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

Call for R & P.

Civil Application (CAF) No.1833 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 this appeal.

The appellant to deposit the entire decretal amount in this Court within a period of twelve 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