Bombay High CourtCAF/3058/2018admittedallwdgrantedrule absolute

The Executive Engineer, Lower Wardha Project Division, Wardha v. Sanjay Devidas Kale And Others

2019-04-25Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2504caf3058.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3058/2018 IN FIRST APPEAL ST. NO.15440/2017 The Executive Engineer, Lower Wardha Project Division, Wardha, Tq. & Distt. Wardha ...Versus...

Sanjay Devidas Kale 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 B.N. Jaipurkar, Counsel for applicant Shri A.B. Nakshane, Counsel h//f Shri S.D. Chopde, Counsel for respondent nos.1 and 2 Shri I.J. Damle, AGP for respondent nos.3 and 4 CORAM : ARUN D. UPADHYE, J.

DATE : 25/04/2019 Heard.

Perused the application. There is a delay of 743 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs. FIRST APPEAL ST. NO.15440/2017 Heard.

ADMIT.

Call for record and proceedings.

2504caf3058.18.odt Learned Counsel Shri A.B. Nakshane holding for learned Counsel Shri S.D. Chopde waives service of notice for the respondent nos.1 and 2. Learned Assistant Government Pleader Shri I.J. Damle waives service of notice for the respondent nos.3 and 4.

CIVIL APPLICATION (CAF) NO.3059/2018 The learned Counsel for the applicant has submitted that the entire amount of compensation would be deposited in this Court within two weeks.

In view of the statement made on behalf of the applicant, permission to deposit the entire amount of compensation in this Court within two weeks is granted. The impugned judgment and award dated 10/3/2015 passed by the Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.219/2008 is hereby stayed until further orders.

JUDGE Wadkar, P.S.