Bombay High CourtCAF/3308/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Bembla Project Division Through Ex. Engineer And ANR v. Jayashree Anil Mukkawar And Others

2019-03-22Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2203caf3308.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3308/2018 IN FIRST APPEAL ST. NO.27995/2017 Vidarbha Irrigation Development Corporation, through the Executive Engineer, Bembla Project Awadhootwadi, Yavatmal, Tq. & Distt. Yavatmal and another ...Versus...

Jayashree Anil Mukkawar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Counsel for applicants Shri N.B. Nakshane, Counsel for respondent no.1 Mrs. Hemlata Jaipurkar, AGP for respondent nos.2 to 4 CORAM : ARUN D. UPADHYE, J.

DATE : 22/03/2019 Heard.

Perused the application. There is a delay of 215 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. FIRST APPEAL ST. NO.27995/2017 Heard.

ADMIT.

Call for record and proceedings.

2203caf3308.18.odt Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Mrs. Hemlata Jaipurkar waives service of notice for the respondent nos.2 to 4. Private paper-book be filed within six months. CIVIL APPLICATION (CAF) NO.3310/2018 Heard.

The learned Counsel for the applicant has submitted that the entire amount of compensation is deposited.

In view of the statement made on behalf of the applicant, the interim stay granted by this Court vide order dated 02/11/2018 to the impugned judgment and award 18/10/2016 passed by the Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.46/2007 is hereby confirmed.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.