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Bombay High CourtCAF/3142/2015admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Mahavir Deolal Yadav And Others

2018-12-07Hon'Ble Shri Justice Nitin W. Sambre1 pages

1 FA593-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 593/2018 (M.I.D.C., AMRAVATI ...VERSUS... MAHAVIR DEOLAL YADAV & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Thakare, counsel for the appellant. Shri B.N. Mohta, counsel for the R-1 to 5.

Shri M.A. Kadu, A.G.P. for the R-6 to 8.

CORAM : NITIN W. SAMBRE, J.

DATE : DECEMBER 07, 2018.

Since the compensation is enhanced in view of the judgments of the reference Court in L.A.C. No.496 of 1997, 539 of 1997 and 541 of 1997, which are the subject matter of challenge in First Appeal Nos.1184 of 2013, 1185 of 2013 and 1186 of 2013 which are already admitted, the present appeal, in my opinion, also needs consideration on the same line.

Hence, ADMIT.

Learned counsel Shri B.N. Mohta waives notice of hearing on behalf of respondent nos.1 to 5.

Learned Assistant Government Pleader waives notice of hearing on behalf of respondent nos.6 to 8. The appellant is directed to file private paper book within six months, failing which the appeal shall stand dismissed without further reference to the Court.

C.A.F. NO. 3142/2015.

As the entire amount of compensation is deposited, there shall be stay to the execution. Civil application is allowed and disposed of.

Liberty to the land owners to apply for withdrawal which will be considered on its own merits.

(NITIN W. SAMBRE, J.) APTE