V.I.D.C. Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Division, Achalpur And Another v. Sau. Sandhyabai W/O Wamanrao Mohod And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.602 of 2020 And Civil Application (CAF) No.2444 of 2019 And Civil Application (CAF) No.2884 of 2019 IN First Appeal (St.) No.10509 of 2019 Vidarbha Irrigation Development Corporation, Nagpur through its Executive Engineer and Anr. Vs.

Sau. Sandhyabai w/o Wamanrao Mohod and Others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.B. Kasat, Advocate for the Applicants/Appellants. Shri Rahul Shinde, Advocate for Non-applicant/Respondent No.1. Ms. Shamsi Haider, A.G.P. for Non-applicant/Respondent Nos.2 and 3. CORAM : S.M. MODAK, J.

DATE : 14 th SEPTEMBER, 2020.

Civil Application No. 602/2020 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper. Heard Shri J.B. Kasat, learned Advocate for the applicants, Shri Rahul Shinde, learned Advocate for respondent No.1 and Ms. Shamsi Haider, learned A.G.P. for respondent Nos. 2 and 3. This Court has stayed the impugned judgment subject to deposit of the whole amount of compensation. The time granted was of four weeks. The order was passed on 8th July, 2019. The applicants claim that they have deposited the principal decretal amount before the trial Court and now the

2/3 remaining amount is yet to be paid. Due to pandemic situation and due to office procedure about obtaining approvals of the superior officer, the remaining amount could not be deposited in time. The reason is genuine. Hence the order:-

O R D E R

i.

The application is allowed.

ii. Delay caused in depositing the remaining amount is condoned.

iii. Applicants are permitted to deposit the remaining amount in the office.

iv. After the amount is deposited, the respondent No.1 is at liberty to verify whether entire amount has been deposited.

v. If respondent No.1 will ask for the amount, it will be decided in due course.

vi. The order dated 8th July, 2019 thereby granting stay is restored subject to deposit of the amount.

vii.The civil application is disposed of.

Civil Application Nos. 2444/2019 and 2884/2019 Heard Shri J.B. Kasat, learned Advocate for the applicants, Shri Rahul Shinde, learned Advocate for respondent No.1 and Ms. Shamsi Haider, learned A.G.P. for respondent Nos. 2 and 3. The impugned judgment was declared on 22nd January,

3/3 2018 by the Joint Civil Judge (Senior Division), Achalpur. The compensation was enhanced. The Executive Engineer of V.I.D.C. was not party to that but only its Executive Engineer was made as a party. The applicants took time to obtain certified copy and to obtain necessary administrative approvals. Respondent No.1 is consenting for the same. It is true that the department has to be made as a party. The delay is explained properly. Hence the order:-

O R D E R

i.

The applications are allowed.

ii. The applicant No.1 - V.I.D.C. is permitted to prefer an appeal.

iii. The delay caused in preferring an appeal is condoned. iv. The civil applications are disposed of.

First Appeal (St.) No.10509/2019 Heard.

The appeal is admitted.

Call for record and proceedings.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE vijay