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Bombay High CourtCAF/1818/2022delay condonatedrejected

Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal v. Smt. Laxmi Sanjay Kanoje And Others

2022-10-13Hon'Ble Shri Justice Abhay Ahuja3 pages

1 / 3 30.caf1818.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1818 OF 2022 IN FIRST APPEAL (ST) NO. 12648 OF 2022 Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal Vs.

Smt. Laxmi Sanjay Kanoje and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. A.V. Pande, Advocate h/f Mr. B.R. Damodar, Advocate for appellant.

Ms. Trupti Udeshi, AGP for respondent Nos.2 & 3. CORAM :

ABHAY AHUJA, J.

DATE :

13.10.2022.

Mr. Pande, learned counsel for the appellant - VIDC, states that the entire amount has already been deposited in this Court and refers to pursis dated 06.10.2022.

Civil Application (CAF) No.1818/2022 This is an application seeking condonation of delay of 68 days in filing the appeal against judgment dated 22.06.2021, passed by the 2nd Joint Civil Judge Senior Division, Yavatmal, in LAC No.77/2018, whereby the compensation

2 / 3 30.caf1818.2022 granted by the Land Acquisition Officer has been enhanced.

2.

Mr. Pande, learned counsel for the appellant submits that the compensation has been enhanced to the extent of Rs.8,18,500/- per hectare towards the land and Rs.1,42,275/- towards the value of 115 trees. He submits that this is exorbitant considering the material on record that has been adduced in support of the claim.

3.

Learned counsel has drawn attention of this Court to paragraphs 2 to 3 of the application for condoning the delay.

4.

Ms. Udeshi, learned AGP for respondent Nos.2 and 3, has no particular objection, if the delay is condoned. The other respondents though served are not represented.

5.

Having heard the learned counsel for the appellant and having perused the application, let the delay of 68 days in preferring this appeal be condoned.

6.

Let the appeal be registered within a period of two weeks.

3 / 3 30.caf1818.2022 First Appeal (St) No.12648/2022 The memo of appeal along with complete annexures be served upon the respondents within a period of four weeks.

2.

List the matter on 14.11.2022.

JUDGE Signed By:PRITY S GABHANE Reason:

Location: