Bombay High CourtCAF/603/2017ca disposed off

Vidharbha Irrigation Development Corporation Thr. Executive Engineer Achalpur v. Kishor Gunderao Deshmukh And Others

2017-11-06Hon'Ble Shri Justice Sunil B. Shukre2 pages

CAF603-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.603/2017 IN FIRST APPEAL ST. NO.19084/2016 (VIDARBHA IRRIGATION DEVELOPMENT CORPORATION VERSUS KISHOR GUNDERAO DESHMUKH & 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 D.P. Dapurkar, Counsel for the respondent Nos.1 & 2 Shri M.A. Kadu, A.G.P. for the respondent Nos.3 & 4. CORAM : S .B. SHUKRE , J.

DATE : NOVEMBER 06 , 2017 .

Heard Shri Kasat, learned counsel for the applicant, Shri Daurkar, learned counsel for the respondent Nos.1 and 2 and Shri Kadu, learned A.G.P. for respondent Nos.3 and 4.

It is not in dispute that the appellant/appellant is the beneficiary, who would be ultimately bearing the burden of payment of compensation and therefore, as per the law settled by the Hon'ble Apex Court, the appellant is a necessary party. In the circumstances, the application is allowed. Leave to file appeal is granted.

Application stands disposed of.

C.A.F. NO.2308/2017 Heard.

For the reasons stated in the application, the application is allowed. Delay is condoned.

CAF603-17 Appeal be registered.

FIRST APPEAL ST. NO.19084/2016 Heard.

Admit.

Call for R & P.

Learned counsel Shri Dapurkar waives notice of final disposal for respondent Nos.1 and 2 and learned AGP Shri Kadu waives notice for final disposal on behalf of respondent Nos.3 and 4.

Private paper book is permitted to be filed, which may be filed within one year.

JUDGE SHRIPAD