V.I.D.C., Through Exe. Engineer, Amravati Project Construction Division, Amravati v. Yogesh Wamanrao Katolkar And Others

37caf910.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 910/2023 IN FIRST APPEAL ST. 21737/2022 V.I.D.C., Thr. Exe. Engineer, Amravati Project Construction Division, Amravati & Ors Vs Yogesh Wamanrao Katolkar And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr P.B.Patil, advocate for the appellants.

Ms Munshi, advocate h/f Ms S.W. Deshpande, advocate for the respondent No.1.

Ms. T.H.Udeshi, AGP for the respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 02/05/ 3.

1.

Heard.

2.

The present application is for condonation of delay which is caused in preferring the appeal against the judgment and award passed by the Presiding Officer, Land Acquisition, Resettlement, and Rehabilitation Authority, Nagpur in LAC No. 1124/AMT/AMT/2018.

3.

As per the contention of the appellant, the appellants are the statutory body who has to obtain necessary approval before preferring an appeal as necessary approvals are not received within time, therefore a delay of 136 days is caused in preferring the appeal.

4.

The said application is strongly opposed by the learned advocate Ms Munshi holding for Ms S.W. rkn

37caf910.2023.odt Deshpande, for respondent No.1 on the ground that the delay has not been properly explained.

5.

Ms T.H. Udeshi, learned AGP for the respondent Nos. 2 and 3 have no objection.

6.

Considering the reasons that proper approval was not received within time, therefore a delay of 136 days is caused in preferring the appeal. In view of that delay is condoned. Civil Application is disposed of.

First Appeal St. No. 21737/2022 1.

The appeal be Registered.

2.

Admit.

3.

Ms Munshi, advocate holding for Mrs S.W. Deshpande, learned advocate waives service of notice on behalf of respondent No. 1.

4.

Ms T.H.Udeshi, learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

5.

Call for record and proceedings.

6.

Appellants to file private paper-book within a period of ten weeks after receipt of record and proceedings. 7.

Appeal be placed before the Court after filing of private paper-book and its verification as per its own turn. JUDGE Signed By:RAJESH K NANDURKAR rkn