V.I.D.C., Thr. Exe. Engineer, Purna Minor Irrigation Div., Achalpur (Amravati Medium Project, Div.) v. Sandeep Gowardhan Mahure And Others

1 13.caf.253.2025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.253 OF 2025 IN FIRST APPEAL ST. NO. 22192 OF 2023 VIDC ..vs..

Sandeep Gowardhan Mahure and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. Rathi, Advocate h/f Shri P. Patil, Advocate for the appellant.

Shri P. Rathi, Advocate for respondent no.1.

Ms Kavimandan, AGP for the State.

CORAM: ROHIT W. JOSHI, J.

DATE : 29/01/2025.

Since the learned Counsel for respondent no.1 has filed Vakalatnama on the application for condonation of delay, there is no need to file fresh Vakalatnama. He may file memo of appeal in the matter.

2.

Heard.

3.

This is an application for condonation of delay of 47 days in filing the Appeal challenging the Award dated 05.07.2023 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur ('The Authority') in Land Acquisition Case No.1263/AMT/AMT/2020.

4.

The reason for the delay is attributed to administrative exigencies. The application is supported by affirmation. The respondents have not filed reply disputing the contentions thereof. Therefore, although, the learned Counsel for the respondents opposes the application, I am of the opinion that delay deserves to be condoned in the interest of justice. Hence, the

2 13.caf.253.2025 application is allowed. Delay stands condoned. 5.

The Civil Application stands disposed of accordingly.

CIVIL APPLICATION NO. 254 OF 2025 6.

Heard.

7.

This is an application for grant of stay to the execution of the impugned Award dated 05.07.2023. 8.

Learned Counsel for the appellant makes a statement that the entire amount as awarded by the learned Authority shall be deposited with this Court on or before 12.02.2025.

9.

In view of the said statement, execution of the impugned Award dated 05.07.2023 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur ('The Authority') in Land Acquisition Case No.1263/AMT/AMT/2020 is stayed till further orders, subject to deposit of entire amount as awarded with accrued interest on or before 12.02.2025.

FIRST APPEAL ST. NO. 22192 OF 2023 10.

Heard. ADMIT.

11.

Learned Counsel appearing for the respondent no.1 and learned Assistant Government Pleaders appearing for the State, waive notices.

12.

Call for the R & P.

Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 31/01/2025 17:25:51 (ROHIT W. JOSHI , J.

) Trupti