Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Lower Wardha Project Division v. Sheshrao Pandurangji Dhok (Dead), Through Lrs. Ramesh Sheshrao Dhok And 3 Others

caf.2369.15 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2369 of 2015 in First Appeal St. No.15661 of 2014 (V.I.D.C., through Executive Engineer, Wardha vs.

Sheshrao Pandurangji Dhok, through L.Rs. 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 Abhijit Parihar, Advocate for the Applicant/Appellant. Shri D.R. Upadhyay, Adv. h/f Shri S.U. Nemade, Adv. for R-1(a) to 1(b). Mrs. M.N. Hiwase, A.G.P. for Respondent Nos.2 and 3. CORAM : R.K. DESHPANDE, J.

DATE : JANUARY 11, 2016.

There is a delay of 615 days caused in filing an appeal challenging the order passed by the Reference Court enhancing the compensation. Notices were served. The claimants are served. Reply is filed opposing the application for condonation of delay.

The delay has been caused due to some administrative reasons, which I find to be the sufficient cause in the absence of lack of bona fides and the claimants can be compensated by payment of costs.

In the result, the civil application is allowed. The delay caused is condoned. The appellant to pay costs of Rs.5,000/- to the respondents-claimants.

The civil application stands disposed of.

caf.2369.15 2/2 First Appeal St. No.15661/2014 :- Heard the learned Counsels appearing for the parties.

There is a substantial difference in the enhancement of compensation by Rs.8.00 Lakhs and some odd amount.

Admit.

The learned Counsel appearing for respondent Nos.1(a) to 1(b) waives service of notice and the learned A.G.P. for respondent Nos.2 and 3.

Call for record and proceedings.

Civil Application [CAF] No.2370/2015 :- The entire amount has already been deposited in this Court.

In view of this, the interim order passed by this Court dated 30/09/2015 shall continue to operate pending the decision of the appeal.

The civil application stands disposed of.

JUDGE *sandesh