V. I. D. C. Through Executive Engineer, Purna Medium Project, Achalpur Division,Amravati And Anothe v. Rajendra Kashinathrao Dhuldhar And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.107 OF 2025 IN FIRST APPEAL ST NO.10953 OF 2019 V. I. D. C. THROUGH EXECUTIVE ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR DIVISION,AMRAVATI AND ANOTHER VS RAJENDRA KASHINATHRAO DHULDHAR AND OTHERS ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms P.P. Choube, Advocate for the appellant/s Ms Hemlata Dhande, AGP for the respondent-State Mr. Pawan Sirse, h/f Mr. Shinde, Advocate for the respondent Nos.1 to 4 -------------------------------
CORAM
: SANDIPKUMAR C. MORE, J.
DATE : 21 st January, 2025 1.
Heard rival submissions.
2.
The applicants, who are the legal representatives of deceased Surendra Kashinathrao Dhuldhar, have filed this application for adding them as party respondents in place of deceased Surendra. Admittedly, Surendra Dhuldhar died on 04.11.2021 as per the death certificate annexed.
3.
The learned counsel for the appellant/acquiring body consented for such addition.
4.
As such, the application stands allowed in terms of prayer clause (I).
5.
The appellant/acquiring body is directed to carry out the necessary amendment within the stipulated period.
6.
Stand over to 04.02.2025.
CIVIL APPLICATION No.2890/2019 AND CIVIL APPLICATION ST NO.10957 OF 2019 7.
Heard rival submissions.
8.
The Civil Application No.2890/2019 is filed for leave to file appeal by the appellant/acquiring body whereas Civil Application st No.10957 of 2019 is filed for condonaiton of delay of 375 days in filing first appeal against the judgment and award dated 06.12.2017 in Land Acquisition Case (LAC) No.66/2010.
9.
The applicant/acquiring body has already deposited certain amounts towards compensation as per the order dt. 05.08.2019.
10.
As such, both the applications are allowed in terms of their respective prayers and disposed of. 11.
The appeal be registered after removal of office objections, if any.
CIVIL APPLICATION ST NO.10958/2019 12.
The applicant/acquiring body is seeking stay to the execution of judgment and decree dt 06.12.2017 in Land Acquisition Case (LAC) No.66/2010.
13.
It appears that the applicant/acquiring body has already deposited certain amount of Rs.1,88,404/- towards the total compensation amount.
14.
As such, the application is made absolute in terms of its prayer, during the pendency of this appeal, subject to deposit the balance amount of total
compensation along with the proportionate interest till date, within the period of twelve weeks.
15.
The application is disposed of.
(SANDIPKUMAR C. MORE, J.) Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 22/01/2025 18:24:17