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Bombay High CourtCAF/2289/2024allowed

V.I.D.C., Sinchan Bhavan, Nagpur, Thr. Its Executive Engineer, Irrigation Department, Karanja Lad v. Dnyaneshwar Deorao Thakre And Others

2025-03-05Hon'Ble Shri Justice M. W. Chandwani2 pages

10 CAF-2289-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2289 OF 2024 IN FIRST APPEAL (ST) NO.16935 OF 2023 [Vidarbha Irrigation Development Corporation ..Vs.. Dnyaneshwar Deorao Thakre and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr M. A. Kadu, Advocate for Applicant/Appellant. Mr S. S. Shingane, Adv. h/f Mr A. B. Darekar, Advocate for Non-Applicant No.1. Ms M. R. Kavimandan, AGP for Non-Applicants/State.

CORAM

: M. W. CHANDWANI, J.

DATE : 5 th MARCH, 2025.

1.

Heard.

2.

By this application, the applicant/appellant is seeking to condone the delay of 59 days caused in preferring the appeal.

3.

The contention is that the copy of award was not received by the appellant till 03.05.2023 and thereafter, proposal was made to the concerned department and later on court fees was received by the counsel and immediately appeal came to be filed.

4.

The application is objected on the ground that the delay has not been satisfactorily explained.

5.

Needless to mention that in proviso to Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the High Court has power to condone the delay not exceeding 60 days. Considering the reasons mentioned in the

10 CAF-2289-2024 application coupled with the fact that nothing has been brought on record that the delay caused in filing the appeal is not bona fide one. Hence, the application is allowed and the delay caused in filing the appeal is hereby condoned. The appeal be registered and numbered accordingly. 6.

The application stands disposed of.

JUDGE Tambe