Vidarbha Patbandhare Vikas Mahamandal Thr Executive Enginner Wan Project Div Shegaon Dist Buldhana v. Ashok Mahadev Sabe And Others

2024:BHC-NAG:12123 1 31caf1903.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1903 OF 2024 IN FIRST APPEAL ST. NO.11130 OF 2024 [Vidarbha Patbandhare Vikas Mahamandal .vs. Ashok Mahadev Sabe and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mallika Babhulkar, Advocate h/f Mr. M.A. Kadu, Advocate for ApplicantAppellant. Mr. Chaitanya Kulkarni, Advocate h/f Mr. Anand Deshpande, Advocate for Respondent Nos.1 and 2.

Ms. H.S. Dhande, AGP for Respondent Nos.3 and 4. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 25 th OCTOBER, 2024.

1.

This is an application for condonation of delay of 76 days caused for filing of the appeal. Perused the application. 2.

Heard the learned advocate for both the sides. 3.

Considering the reasons stated in the application, the application deserves to be allowed as the delay is not deliberately caused.

4.

The application is allowed in the interest of justice. 5.

The delay of 76 days is condoned.

6.

The application is disposed.

Civil Application (F) No.3153/2024 1.

This is an application filed by applicants-respondent nos.1 and 2 for withdrawal of an amount deposited in this court by the appellant as per the award passed by the authority under the Land Acquisition Act. Perused the application. 2.

Heard the learned advocates for both the sides.

2 31caf1903.24.odt 3.

Considering the reasons stated in the application, the application deserves to be allowed. The application is allowed in the interest of justice.

4.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety along with accrued interest thereon to the applicantsrespondent nos.1 and 2. 5.

The application is disposed.

First Appeal St. No.11130/2024 1.

Heard.

2.

Admit.

3.

Issue notice to the respondents.

4.

Learned advocate waives notice for respondent nos.1 and 2.

5.

Learned Assistant Government Pleader waives notice for respondent nos.3 and 4.

6.

Call for record and proceedings.

(SANJAY A. DESHMUKH, J.) Gulande