Bombay High CourtCAF/47/2019admittedallwdgrantedrule absolute

V. I. D. C. Through Executive Engineer, Bembla Canal Divison, Yavatmal And Another v. Purushottam Khushalrao Kakde And Others

2019-09-25Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 caf47.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.47/2019 IN FIRST APPEAL STAMP NO.11013/2018 Vidarbha Irrigation Development Corporation ..Vs..

Purushottam Khushalrao Kakde and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Anjali A. Joshi, Advocate for the applicant / appellant. Shri S.O. Ahmed, Advocate for non-applicant / respondent No.1. Shri V.P. Maldhure, A.G.P. for respondent Nos.2 and 3. CORAM : NITIN W. SAMBRE, J.

DATED : 25.9.2019 1] Heard.

2] There is a delay of 291 days caused in preferring an appeal which is objected by the learned Counsel for the respondent / land owner.

3] For the reasons disclosed, delay stands condoned. Civil application is allowed. No costs. FIRST APPEAL STAMP NO.11013/2018 4] Heard.

5] Issue notice for final disposal, returnable on

2 caf47.19 3rd October, 2019.

6] Shri S.O. Ahmed, learned Counsel waives notice for respondent No.1.

7] Shri V.P. Maldhure, learned A.G.P. waives notice for respondent Nos.2 and 3.

8] Learned Counsel for the appellant has raised an objection on the issue of grant of enhanced compensation for 127 trees. According to her, as regards the age of the said trees, no evidence is brought on record and that being so, the award of compensation at the rate of Rs.1,600/- per tree is exorbitant. She submits that even though the expert witness was examined in support of establishing life of the teak trees, no documentary evidence is placed on record to support the said contention.

9] Call R & P.

JUDGE Tambaskar.