Allowed

The Executive Engineer, Bembla Project Office, Yavatmal v. Vijay Motiramji Dhabale and Others

Bombay HC13 Jan 2020CAF/236/2020

Case brief

AI extract

What is this about?

The High Court at Nagpur disposed of a civil application regarding land acquisition proceedings. The court allowed the request to replace a deceased respondent with newly added legal representatives, noting the counsel's readiness to proceed with the appeal.

What did the court decide?

Directing the appellant to carry out proper and necessary amendment of impleadment of newly added Respondents 2A to 2D in place of deceased Respondent no. 2 forthwith.

The Executive Engineer, Bembla Project Office, Yavatmal Vs… — Land Acquisition | Bombay HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CAF No.236 of 2020 in First Appeal No.1185/2017
(Sanjay Motiram Dhabale and others - Applicants-Intervenor)
The Executive Engineer, Bemble Project, Yavatmal

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vs.

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Vijay Motiramji Dhabable and others

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..............................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders

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Shri P.B.Patil, Advocate for the Appellant.
Shri A.B.Nakshane, Advocate for respondent no.1.
Shri K.L.Dharmadhikari, AGP for respondent nos.3 and 4.

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CORAM : MILIND N. JADHAV, J. DATED : 13/01/2020.

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Heard learned counsel appearing for the
Applicants/Intervenors.

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2.The Applicants-Intervenors are legal
representatives of deceased Respondent no.2 i.e.
Motiramji Bajiraoji Dhabale, who expired on 2.3.2016,
the application has been taken out on 21.11.2019,
admittedly after a lapse of long time. The application is
devoid of any reasons for the delay.

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3.Shri Patil, learned counsel appearing for the
Appellant, does not seriously object to grant of the
present application. The stand taken by Shri Patil, in the
facts and circumstances of the case, is appreciated by
this Court.

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4.In view of the above and for the reasons
stated in the application, the application is allowed. The
Appellant shall carry out proper and necessary
amendment of the impleadment of newly added
Respondents 2A to 2D as proper and necessary parties
in place and stead of deceased respondent no.2
forthwith.

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5.This is so because both learned counsel have
shown their readiness and willingness to argue the
present First Appeal on the basis of decided cases, which
are similarly placed as also part of the same Notification
dated 31.7.2003 issued under Section 4 of the Land
Acquisition Act , 1894 and the same is taken up for
hearing forthwith.

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6.This being the position, Civil Application is
disposed of, with a direction to carry out the amendment
of impleadment forthwith.

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7. Civil Application is disposed of accordingly.

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JUDGE

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Ambulkar

The Executive Engineer, Bembla Project Office, Yavatmal v. Vijay Motiramji Dhabale and Others

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Bembla Project Office, Yavatmal v. Vijay Motiramji Dhabale and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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