V. I. D. C. Through The Executive Engineer, Akola Irrigation Division, Washim v. Shakil Ahemad Khan S/O Amol Khan And Others

1 caf2089.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2089/2019 IN FIRST APPEAL STAMP NO.26270/2018 Vidarbha Irrigation Development Corporation, Akola ..Vs..

Shakil Ahemad Khan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. U.A. Patil, Advocate for the applicant / appellant. Ms. A.R. Kulkarni, A.G.P. for non-applicant / respondent No.3. CORAM : NITIN W. SAMBRE, J.

DATED : 16.9.2019 1] Heard Ms. U.A. Patil, learned Counsel for the appellant.

2] Apart from the unexplained delay of 526 days, the judgment impugned is based on the findings recorded in the matter of Bankabai V/s. State of Maharashtra and another decided on 3rd October, 2013 in L.A.C. No.272/2003. In aforesaid land acquisition case, land of the claimant therein was acquired for Kumbhari Dam. In the case in hand also land of the respondents - land owners was acquired for the very said purpose against Section 4 notification dated 19th February, 2000. 2] The fact remains that the land in the judgment impugned is located at village Kumbhari where the dam is constructed and as such said fact prevailed

2 caf2089.19 over before the Reference Court to award similar compensation. No infirmity could be noticed. As such leave to file appeal is refused.

JUDGE Tambaskar.