Bombay High CourtCAF/1871/2017ca disposed off

Vidarbha Irrigation Development Corporation Thr. Executive Engineer Purna Medium Project Amravati v. Raghunath S/O Tulsiram Ingale And Others

2017-10-30Hon'Ble Shri Justice Sunil B. Shukre2 pages

CAF1871-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.1871/201 7 IN FIRST APPEAL ST. NO.17031/2016 (VIDARBHA IRRIGATION DEVELOPMENT CORPORATION VERSUS RAGHUNATH TULSIRAM INGALE & 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, Counsel for the appellant.

Shri B.M. Lonare, AGP for the respondent No.2 & 3. CORAM : S .B. SHUKRE , J.

DATE : OCTOBER 30 , 2017 .

Heard learned counsel for the applicant and learned AGP for respondent Nos.2 and 3. None appears for respondent No.1, though duly served.

There is no dispute about the fact that the applicant is the beneficiary and authority, which would be required to pay the compensation in the ultimate analysis and therefore, as per the law now settled by the Hon'ble Apex Court, the applicant would be a necessary party. Therefore, this application deserves to be allowed.

The application is allowed. Leave to file appeal is granted.

The application stands disposed of.

C.A.F. NO.3251/2017 Heard learned counsel for the applicant and learned AGP for respondent Nos.l2 and 3. Nobody appears for respondent No.1.

CAF1871-17 For the reasons stated in the application, the application is allowed. Delay is condoned. Leave to file appeal is granted. Appeal be registered.

FIRST APPEAL ST. NO.17031/2016 Heard.

Admit.

Call for R & P.

Learned A.G.P. waives notice for final disposal on behalf of respondent Nos.2 and 3.

Issue notice for final disposal to respondent No.1, returnable in four weeks.

JUDGE SHRIPAD