Vidarbha Irrigation Development Corp. Thr. Its Executive Engineer, Minor Irrigation Division, Wardh v. Krishnarao Keshavrao Sarode Thr. Lrs. Pramod Krishnarao Sarode And Others

1 caf1919.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.1919/2019 IN FIRST APPEAL STAMP NO.22066/2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Wardha ..Vs..

Krishnarao Keshavrao Sarode through L.Rs. Pramod Krishnarao Sarode and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Bhoyar, Advocate for the appellant. Ms. A.R. Kulkarni, A.G.P. for respondent Nos.2 and 3. CORAM : NITIN W. SAMBRE, J.

DATED : 16.9.2019 1] Delay of 461 days in preferring the present appeal by the Acquiring Body is not at all explained. No bona fide cause is narrated in support of the claim for condonation of delay by the Acquiring Body.

2] Apart from the above, enhancement is based on the sale instance dated 15th July, 2008. The Reference Court has considered the same particularly price reflected in the sale instance is Rs.4,85,537/- per hector. By granting 10% yearly rise, the enhanced compensation is ordered. The judgment delivered is based on sound reasons. No infirmity could be noticed in the judgment impugned. The civil application for condonation of delay stands rejected. Consequently, the appeal fails. It is dismissed accordingly.

JUDGE Tambaskar.