Bombay High CourtCAF/4073/2017admittedallwdgrantedrule absolute

The Executive Engineer, Bembla Project Tilakwadi, Yavatmal v. Kamlabai Haribhau Chandane And Others

2019-02-18Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAF4073-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 4073/2017 IN FIRST APPEAL STAMP NO. 17193/2017 (THE EXE.ENGR. BEMBLA PROJECT, TILAKWADI, YAVATMAL VERSUS KAMLABAI HARIBHAU CHANDANE & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, counsel for applicant.

Shri A.B. Nakshane, counsel for NA-1 & 2.

Mrs. M. Naik, A.G.P. for NA-3 & 4.

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 18 , 2019.

Considering reasons mentioned in the application for the cause of delay, the same are accepted. The delay in filing the appeal stands condoned.

Civil application is allowed and disposed of. F.A. ST. NO. 17193/2017.

Heard. The Reference Court in L.A.C. No.238 of 2005 while acquiring land admeasuring 136.61 square meters from Plot No.116 has granted compensation at the rate of Rs.750/- per square meter.

In view of adjudication in first appeal bearing First Appeal St. No.189 of 2018 (VIDC & Another Versus Vasant Nanaji Patre & Others) dated 19.12.2018 wherein similar compensation has been awarded, for reasons mentioned in the said judgment, the first appeal stands dismissed. The award as passed on 10.05.2016 in L.A.C. No.238 of 2005 stands confirmed Shri P.B. Patil, learned counsel for appellant submits that the amount of compensation would be deposited in this Court within a period of six weeks from today.

CAF4073-17 On such deposit being made, the claimants shall be at liberty to withdraw the said amount.

JUDGE APTE