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Bombay High CourtCAO/1860/2018admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation Thr. Its Chief Executive Officer, Amravati v. Bapusaheb Uttamrao Palve And Others

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

FA623-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 623/2017 (BAPUSAHEB UTTAMRAO PALVE VERSUS THE STATE OF MAHARASHTRA & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Sarda, counsel for appellant.

Mrs. H.N. Prabhu, A.G.P. For R-1 & 3.

Shri M.M. Agnihotri, counsel for R-2/Cross-Objector. CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 18 , 2019.

C.A.O. NO. 1860/2018.

Prayer is to condone the delay in filing the crossobjections. In paragraphs 2 and 3 of the application, the reasons for the cause of delay has been stated. It is also stated that the action has been taken against the Officer found responsible for the cause of delay.

Hence,accepting the reasons mentioned in the application, the delay in filing the cross-objections stands condoned. Civil application is allowed and disposed of. CROSS-OBJECTIONS ST. NO.17902/2018.

Heard. ADMIT.

Learned counsel Shri S.S. Sarda waives notice of hearing on behalf of appellant.

Learned Assistant Government Pleader waives notice of hearing on behalf of respondent nos.1 and 3 in the appeal. C.A.O. NO. 1861/2018.

The cross-objector seeks stay to the execution of the impugned award.

FA623-17 It is submitted that in other acquisition proceedings arising from the same village, an amount of Rs.1,25,000/- per Hectare has been adjudicated as fair compensation by this Court. In view thereof, on the applicant depositing 75% of the amount of compensation in this Court within a period of eight weeks from today, the execution of the impugned award shall remain stayed during pendency of the proceedings. Civil application stands disposed of.

JUDGE APTE