Vidc Thr Executive Engineer, Lower Wardha Canal Division, Wardha v. Balaji Gulab Chaudhari And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAF] NO. 26/2020 IN FIRST APPEAL ST NO. 18816/2020.

V.I.D.C. Wardha.

-Versus - Balaji Gulab Chaudhari and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H.D. Marathe, Advocate for the Applicant. Shri C.R. Najbhile, Advocate for Non-applicant No.1. Shri H.Dubey, A.G.P. for Non-applicant Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : JANUARY 13, 2022.

Heard.

By this application, the applicant has sought to condone the delay of 62 days in filing an appeal under Section 54 of the Land Acquisition Act, 1894.

3.

Learned Counsel appearing for nonapplicants have no objection to condone the delay. In view of the said statement and reasons stated in the application, delay is condoned. Civil Application stands disposed of. Office to register the appeal.

...

First Appeal St. No. 18816/2020.

Heard.

Admit. Call for R & P.

Learned Counsel for Respondents waive notice on merit.

3.

Appellant to file private paper book within a period of 6 months.

......

C ivil Application [CAF] No.

/20 .

The learned Counsel for the applicant /appellant states that entire amount as per the award has been deposited.

In the light of said statement, execution and implementation of the impugned judgment and award dated 25.02.2019 passed by the 3rd Joint Civil Judge, Senior Division, Wardha in L.A.C. No.107/2015 is stayed during the pendency of the appeal.

Civil Application stands disposed of.

...

Civil Application [CAF] No. 2562/2021.

By this application, the applicant/ respondent no.1 has sought withdrawal of 50% of

the amount of compensation deposited by the appellant - acquiring body.

Having gone through the judgment and for reasons stated in the application, the applicant/ respondent no.1 is permitted to withdraw 50% of the amount of compensation, subject to furnishing an undertaking that he will refund the said amount with interest, in the event the appellant succeeds in the appeal.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur