Vidarbha Irrigation Development Corporation Thr. Executive Director, Nagpur And Another v. Wamanrao Udhaorao Telange And Others

1 caf2114.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2114/2019 AND FIRST APPEAL STAMP NO.15926/2018 Vidarbha Irrigation Development Corporation, Nagpur and another ..Vs..

The State of Maharashtra 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 J.B. Kasat, Advocate Advocate for the applicant / appellant. Ms. A.R. Kulkarni, A.G.P. for non-applicant / respondent Nos.2 and 3. CORAM : NITIN W. SAMBRE, J.

DATED : 16.9.2019 1] The judgment impugned is based on the judgment passed in L.A.C. No.618/2012 wherein the Reference Court has granted enhanced compensation. In response to the query, Shri J.B. Kasat, learned Counsel for the appellant, informs that the appeal in the said case is already withdrawn as the enhancement was within permissible limit as per the policy.

2] According to him, in the case in hand instead of 10%, 15% rise is granted relying on the said judgment.

3] In my opinion, the rise granted of 15% appears to be just and proper particularly having regard to the fact that the land in question is located at a distance just 2 kilometers away from the taluka

2 caf2114.19 headquarters.

4] In view of the above, the application for condonation of delay is rejected. Consequently, the appeal fails. The same is dismissed. No costs. JUDGE Tambaskar.