Bombay High CourtCAF/1273/2022ca disposed off

V.I.D.C. Thr. Its Exe. Engg. Nagpur Medium Project Dn. v. Manibai W/O Mohandas Bhaiswar (Dead) And ANR

2022-07-01Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 902 caf 1271-2022 and others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1271/2022 WITH CIVIL APPLICATION (CAF) NO.1272/2022 WITH CIVIL APPLICATION (CAF) NO.1273/2022 IN FIRST APPEAL NO.287/2012 Vidarbha Irrigation Development Corporation through Executive Engineer, Nagpur Vs.

Mainabai w/o Mohandeo Bhaiswar (dead) 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 P.J. Mehta, Advocate for LRs of respondent No.1 Shri N.R. Patil, AGP for respondent No.2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

01/07/ Present application is filed for setting aside the abatement. It is submitted that the matter was settled before the Lok Adalat and appeal came to be withdrawn by the V.I.D.C. as the enhanced amount of compensation was within four times of the amount of compensation awarded by the Land Acquisition Officer. It is contended that at the relevant time, Civil Application No.2467/2021 was pending for bringing legal representatives. However, no orders came to be passed and as appeal came to be withdrawn, those applications have become infructuous. Those applications were filed belatedly due to technical difficulties. Counsel for appellants have no objection. Both the said applications are allowed.

2 902 caf 1271-2022 and others Abatement if any of respondent No.1 is set aside. Applicants are permitted to bring on record the legal representatives of respondent No.1.

Amendment to be carried out within one week.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE