Bombay High CourtCAF/1074/2018admittedallwdgrantedrule absolute

Executive Engineer, Lower Wardha Canal Division, Wardha v. Raju Laxmanrao Satpute And Others

2019-04-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1804caf1074.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1074/2018 IN FIRST APEPAL ST. NO.25622/2017 Executive Engineer, Lower Wardha Canal Division, Wardha ...Versus...

Raju Laxmanrao Satpute and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt. Hemlata Jaipurkar, Counsel h/f Shri B.N. Jaipurkar, Counsel for applicant None for the respondent no.1 Shri I.J. Damle, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 18/04/2019 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent nos.2 and 3. None appears for the respondent no.1, though served.

Perused the application. There is a delay of 148 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of. No order as to costs.

1804caf1074.18.odt FIRST APEPAL ST. NO.25622/2017 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent nos.2 and 3. None appears for the respondent no.1, though served.

ADMIT.

Call for record and proceedings.

Learned Assistant Government Pleader Shri I.J. Damle waives service of notice for the respondent nos. 2 and 3.

CIVIL APPLICATION (CAF) NO.1075/2018 The learned Counsel for the applicant has submitted that principal amount of compensation is already deposited before the reference Court and the balance amount will be deposited within twelve weeks.

In view of the statement made on behalf of the applicant, permission to deposit the balance amount, within twelve weeks, is granted.

The impugned judgment and award dated 27/03/2017 passed by the Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.101/2015 is hereby stayed until further orders.

JUDGE Wadkar, P.S.