Vidarbha Irrigation Development Corporation Through Executive Engg., Medium Project Division Nagpur v. Chhatrapati S/O Gopalrao Upase And Others

2203caf1050.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.1050 of 2015 In First Appeal Stamp No.18742 of 2014 (Vidarbha Irrigation Development Corporation, through Executive Engineer, Nagpur v. Chhatrapati s/o Gopalrao Upase and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.G. Palshikar, Advocate for Applicant.

Shri C.R. Najbile, Advocate for Respondent Nos.1 and 2. Shri H.R. Dhumale, AGP for Respondent Nos.3 and 4. Coram : R.K. Deshpande, J.

Date : 22 nd March, 2016 This civil application seeks condonation of 3,339 days of delay caused in filing an appeal under Section 54 of the Land Acquisition Act, 1894 challenging the enhancement of compensation awarded by the Reference Court under Section 18 of the said Act.

The appellant is the acquiring body, which was not joined as the party-respondent in the reference, being LAC No.125 of 2001, before the Reference Court. For the first time, the appellant came to know of the decision of the Reference Court on 30-8-2013. Thereafter, the application for certified copy was filed and the appeal was preferred challenging the decision of the Reference Court.

Notice was issued to the respondents. All the parties are

2203caf1050.15.odt served. No reply is filed. After going through the averments made in the application, I am satisfied that a sufficient cause is made out for condonation of delay.

Hence, the civil application is allowed. The delay caused is condoned.

The civil application is disposed of.

Judge.

Lanjewar