Deorao Khothuji Singanjude (Dead) Through Lrs. Smt. Damayanta Wd/O Deorao Singanjude And Others v. Exe. Engineer, Gosikhurd Project, Nagpur And Others

29.caf.353.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.353 OF 2023 IN FIRST APPEAL (ST.) NO.13545 OF 2022 (Deorao Khothuji Singanjude (dead) thr. L.R's and ors. Vs. Executive Engineer, Gosikhurd Project, Nagpur and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S.V. Ingole, Advocate for the appellants. Shri K. R. Lule, Advocate for respondent No.1. Ms Udeshi, AGP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 30, 2023.

Heard.

2.

Present application is filed for condonation of delay of 213 days which is caused in preferring the appeal.

3.

The grounds raised by the appellant is that the land of the appellant was acquired by the Government under the compulsory acquisition. However, inadequate amount of compensation was awarded by the Reference Court, and therefore, present appeal is preferred for enhancement of compensation. However, he could not arrange the amount to pay for court fee stamp, therefore, delay is caused. There is sufficient and reasonable cause for condonation of delay.

4.

Said application is strongly opposed by Shri Lule, learned Counsel for respondent No.1 and Ms Udeshi, learned Assistant Government Pleader for respondent

29.caf.353.23.odt Nos.2 and 3 on the ground that the delay is not properly explained.

5.

Considering the reasons mentioned in the application and the well settled legal position that while considering the delay application to do the substantial justice, delay is condoned.

6.

Civil application is disposed of.

FIRST APPEAL (ST.) NO.13545 OF 2022 Heard.

2.

ADMIT.

3.

The appellant to file private paper book within eight weeks after receipt of R. & P.

4.

Place the matter after filing of the paper book and its verification, as per its turn.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant