Haridas S/O Motiram Gajbhiye And Others v. Executive Engineer, V.I.D.C. Gosikhurd Project, Nagpur And Others

1 caf2086.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2086/2019 IN FIRST APPEAL STAMP NO.10780/2018 Haridas S/o Motiram Gajbhiye and others ..Vs..

Executive Engineer, V.I.D.C., Gosikhurd Project, Nagpur 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.P. Kshirsagar, Advocate for the applicants/appellants. Ms. Shamsi Haider, A.G.P. for non-applicant / respondent Nos.2 and 3. CORAM : NITIN W. SAMBRE, J.

DATED : 23.9.2019 1] Heard.

2] The submissions of Shri Kshirsagar are, in Joint Measurement Report specific mention about existence of the trees, is lost sight of while granting enhanced compensation by the Reference Court for the trees. He has produced on record certified copy of the joint measurement report which is taken on record and marked "X" for identification.

3] The prayer for condonation of delay is opposed by the respondent. However, in view of sufficient cause cited, the delay caused in preferring appeal stands condoned. Civil application is allowed accordingly. No costs.

2 caf2086.19 FIRST APPEAL STAMP NO.10780/2018 4] Heard.

5] ADMIT.

6] Shri M.A. Kadu, learned Counsel waives notice for respondent No.1.

7] Ms. Shamsi Haider, learned A.G.P. waives notice for respondent Nos.2 and 3.

8] Call R & P.

9] Paper book be filed within six months from today, failing which the appeal shall stand dismissed without reference to Court.

JUDGE Tambaskar.