Manoj S/O Vitthalrao Thakare v. Executive Engineer, Lower Wardha Canal Division, Wardha And Others

2024:BHC-NAG:2663 1 12.CAO.1442.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1442 OF 2023 IN CROSS OBJECTION (XOB) (ST.) NO. 21612 OF 2023 IN FIRST APPEAL NO. 17 OF 2016 Executive Engineer, Lower Wardha Canal Division, Wardha .VS.

Manoj S/o. Vitthalrao Thakare _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Ashwini Athalye, Advocate for the appellant Ms Mukta Kavimandan, AGP for the State/respondent Nos. 2 and 3 Mr C. R. Najbile, Advocate for respondent No.1 CORAM :

G.A. SANAP, J.

DATE :

MARCH 04, 2024.

Heard learned Advocate for the appellant, learned Advocate for respondent No.1 and learned AGP for respondent Nos.2 and 3. Perused the application. 2.

This is an application for condonation of 2133 days delay caused in filing cross objection. The reasons have been stated in the application.

3.

In view of the reasons, the application is allowed subject to condition that respondent No.1 herein shall not be entitled to get any statutory benefits, including the interest payable under the Land

2 12.CAO.1442.2023 Acquisition Act on the enhanced amount of compensation for the delayed period, in case the cross objection is allowed.

4.

Delay of 2133 days caused in filing cross objection stands condoned.

5.

The cross objection be registered.

6.

The civil application stands disposed of, accordingly.

CROSS OBJECTION (ST.). NO.21612 OF 2023 7.

Heard.

8.

Issue notice to the respondents.

9.

Learned Advocate Ms Ashwini Athalye waives service of notice on behalf of respondent No.1. 10.

Learned AGP waives service of notice on behalf respondent Nos.2 and 3/State.

(G. A. SANAP, J.) Namrata