V.I.D.C. Thr. Exe. Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Jayantilal Jethalal Rupalil And Others

Order 269caf1499.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.F. No.1499 of 2019 in F.A. St.No.23737 of 2018 (V.I.D.C., through Executive Engineer, Canal Division, Bembla Project, Yavatmal and another .vs. Jayantilal Jethalal Rupali and Ors.) Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mrs.P.P.Choube, Advocate for the appellant/ applicant.

Mr.M.P.Kariya, Advocate for respondent no.1.

Mr.M.P.Kadu, A.G.P. for respondent nos. 2 and 3.

CORAM

: N. W. SAMBRE, J.

DATE : 26.9.2019.

Heard.

For the reasons disclosed in the application, delay is condoned.

The application is allowed.

First Appeal St.No.23737 of 2018 The Reference Court while granting enhancement has relied on Exh.43 i.e.

Judgment delivered in L.A.C.No.511 of 2011.

The land acquired in the case in hand is from village Sawargaon; whereas from perusal of Judgment (Exh.43) delivered in L.A.C. No.511 of 2011, which is produced by learned Counsel for the appellant for reference, it can be inferred that the land therein was acquired from village Gujari.

Order 269caf1499.19 On analysis of evidence as reflected in the Judgment impugned as regards location of these two villages viz. Gujari and Sawargaon, in view thereof, Admit.

Mr.M.P.Kariya, learned Counsel waives service for respondent no.1.

Mr.M.P.Kadu, learned Assistant Government Pleader waives service for respondent nos. 2 and 3.

Call the record and proceedings.

Paper book be produced within a period of six months, failing which the appeal shall stand dismissed without further reference to the Court.

Civil Application (CAF) No.1500 of 2019 Since the entire amount of compensation is deposited, there shall be stay to execution.

The Civil Application stands allowed.

JUDGE jaiswal