Bombay High CourtCAF/1608/2014ca disposed off

The Executive Engineer, Lower Wardha Canal Division, Vidarbha Irrigation Development Corporation v. Shalini Gulabrao Mathankar And Others

2016-06-22Hon'Ble Shri Justice P.B. Varale2 pages

2206caf1607.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.1607/2014 IN FIRST APPEAL ST. NO.7766/2014 Executive Engineer, Lower Wardha Canal Division, Vidarbha Irrigaton Development Corporation, Wardha ...Versus...

Shalini Gulabrao Mathankar 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 S.S. Godbole, Advocate for applicant Shri Rohit Joshi, Advocate for respondent nos.1 to 4 Shri M.M. Ekre, AGP for respondent nos.5 and 6 CORAM : PRASANNA B. VARALE, J.

DATE : 22.06.2016 Heard.

The applicant seeks condonation of delay caused in filing the appeal. Learned Counsel appearing for the respondent nos.1 to 4 opposes the application.

For the reasons stated in the application, the delay caused in filing the appeal is condoned. The civil application stands disposed of.

CIVIL APPLICATION F. NO.1608/2014 Heard.

The learned Counsel for the applicant invited my attention to the order of this Court, dated 8.7.2014. He Submitted

2206caf1607.14.odt that an exorbitant amount of compensation is awarded by the reference Court without considering the material placed on record. He submitted that an ad interim stay was granted, subject to the applicant depositing 75% of the amount of compensation, awarded by the reference Court, within the stipulated period. The order of this Court directing the applicant to deposit 75% of the amount is complied with and the amount is deposited in this Court on 1.9.2014. Learned Counsel for the applicant prays for stay.

In view of the statements made by the learned Counsel for the applicant and in view of the order passed by this Court on 8.7.2014, the civil application is allowed in terms of prayer clause (a) of the application, subject to applicant depositing rest of 25% amount of compensation, awarded by the reference Court, within a period of twelve weeks. FIRST APPEAL ST. NO.7766/2014 Heard.

ADMIT.

Call record and proceedings.

Learned Counsel, Shri Rohit Joshi waives notice of hearing on behalf of the respondent nos.1 to 4. Learned Assistant Government Pleader Ms Udeshi waives notice of hearing on behalf of the respondent nos.5 and 6.

JUDGE Wadkar