Vidarbha Patbandhare Vikas Mahamandal Through Exective Engineer, Wan Project Division, Shegaon v. Sahebrsao Aatmaram Sabe And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2728 OF 2024 IN FIRST APPEAL STAMP NO.10255 OF 2024 (Vidarbha Patbandhare Vikas Mahamandal, thr. Executive Engineer, Wan Project Division, Shegaon, Dist. Buldhana Vs. Sahebrao Aatmaram Sabe and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Vinay Rathi, Advocate h/f Mr. P. B. Patil, Advocate for Appellant/Applicant.

Mr. A. S. Deshpande, Advocate for Respondent Nos.1, 3 and 4. Mr. S. C. Joshi, AGP for Respondent Nos.5 and 6/State. CORAM: ROHIT W. JOSHI, J.

DATE: 18 th FEBRUARY, 2025.

1.

Heard.

2.

This is an application for condonation of delay of 44 days in filing first appeal challenging the judgment and award dated 15.01.2024 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Land Acquisition Case No.2810/AMT/ BLD/2021. For the reasons mentioned in the application which are not very seriously opposed and also having regard to the fact that the entire amount is deposited in terms of the impugned award, I am inclined to condone the delay. 3.

Civil application is disposed of accordingly. FIRST APPEAL STAMP NO.10255 OF 2024:

1.

Heard.

2.

Mr. A. S. Deshpande, the learned counsel waives service of notice on behalf of respondent nos.1, 3 and 4. 3.

Mr. S. C. Joshi, the learned Assistant Government Pleader waives service of notice on behalf of the respondent nos.5 and 6.

CIVIL APPLICATION (F) NO.2730 OF 2024:

1.

Heard.

2.

Since the amount has been deposited by the appellant in terms of order dated 11.10.2024 and 24.01.2025. The interim order granted vide order dated 11.10.2024 is confirmed subject to right of the respondent nos.1, 3 and 4 to seek withdrawal of the amount deposited. CIVIL APPLICATION (F) NO.518 OF 2025:

1.

Heard.

2.

Since the amount involved in the matter is meagre and in other connected appeal the respondent land owner has been permitted to withdraw the amount deposited by the appellant on furnishing usual undertaking, the respondent nos.1, 3 and 4 are permitted to withdraw the amount deposited by the appellant on furnishing usual undertaking.

(ROHIT W. JOSHI, J.)

NSN Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 21/02/2025 10:49:06