Bombay High CourtCAF/2483/2015admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Medium Project, Nagpur v. Dashrath S/O Keshavrao Borje And 5 Others

2016-01-27Hon'Ble Shri Justice Ravi K. Deshpande2 pages

2701caf2483.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2483 of 2015 In First Appeal Stamp No.25348 of 2014 (VIDC, through its Executive Engineer, Medium Project, Nagpur v. Dashrath s/o Keshavrao Borje and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Anoop Parihar, Advocate for Applicant/Appellant. Shri S.C. Najbile, Advocate for Respondent Nos.1 to 4. Smt. M.N. Hiwse, AGP for Respondent Nos.5 and 6. Coram : R.K. Deshpande, J.

Date : 27 th January, 2016 Civil Application (CAF) No.2483 of 2015 :

This application seeks condonation of 413 days' delay caused in filing an appeal under Section 54 of the Land Acquisition Act, 1894 challenging enhancement of compensation. The State Government has already preferred First Appeal No.1103 of 2014 challenging enhancement of compensation, and it has been admitted on 17-2-2015.

The notice of this civil application was issued to the respondents. All the respondents are served. Shri Najbile, the learned counsel, appears for the respondent Nos.1 to 5; and Smt. Hiwse, the learned AGP, appears for the respondent Nos.5 and 6.

Keeping in view the aforesaid facts and after going

2701caf2483.15.odt through the averments made in the application, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned.

The civil application is disposed of.

First Appeal Stamp No.25348 of 2014 :

In view of the fact that the appeal filed by the State Government, being First Appeal No.1103 of 2014, has already been admitted, this appeal is also admitted.

Shri Najbile, the learned counsel, waives service of notice for the respondent Nos.1 to 4; and Smt. Hiwse, the learned AGP, waives service of notice for the respondent Nos.5 and 6. Call for R & P.

Civil Application (CAF) No.2484 of 2015 :

This civil application is not pressed, as the State Government has already deposited the amount and the stay has already been granted in the appeal filed by the State, viz. First Appeal No.1103 of 2014.

The civil application is dismissed as not pressed. Judge.

Lanjewar