Partly allowed

Vidarbha Irrigation Development Corp., Thr. Exe. Engineer, Bembla Project Division, Yavatmal and an v. Vithal Domaji Aglawe (Dead) Thr. Lrs. Vijay Vithal Aglawe and Others

Bombay HC15 Sept 2021CAF/428/2019

Case brief

AI extract

What is this about?

Single judge order allowing delayed civil applications due to lack of objection or waiver. Final disposal modifies a lower award by recalculating compensation at Rs.650 per sq.mtr. instead of Rs.750, directing payment of the difference with interest to the claimants within twelve weeks.

What did the court decide?

Award of compensation recalculated at Rs.650 per sq.mtr.; difference deposited before the Court within twelve weeks.

Vidarbha Irrigation Development Corp., Thr. Exe. Engineer… — Land Acquisition | Bombay HC (2021)

¶1

38 CAF-3518-2017

¶2

¶3

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

¶4

CIVIL APPLICATION (F) NO.3518 OF 2017 IN FIRST APPEAL ST. NO.7366 OF 2017

¶5

[Vidarbha Irrigation Development Corporation and Anr. ..Vrs.. Vithal Domaji Aglawe since dead thr. LR’s and Ors.]

¶6

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

¶7

Shri. J. B. Kasat, Advocate for Applicant/Appellant Shri. A. B. Nakshane, Advocate for Respondent Nos.1A and 1B Ms. S. Z. Haider, AGP for Respondent Nos.2 and 3.

¶8

CORAM : NITIN W. SAMBRE, J. DATE : 15th SEPTEMBER, 2021.

¶9

CIVIL APPLICATION ST. (F) NO.7367 OF 2017.

¶10

For the reasons disclosed in the Application and since the learned Counsel for Respondents has no objection in allowing the delay of 1421 days, the Application is allowed and is disposed of. The delay of 1421 days is condoned accordingly.

¶11

CIVIL APPLICATION (F) NO.428 OF 2019.

¶12

Shri. A. B. Nakshane, learned Counsel waives for Respondent Nos.1A and 1B and has no objection in allowing the Application. The same is accordingly allowed. Necessary correction be made in the cause title forthwith.

¶13

CIVIL APPLICATION (F) NO.3518 OF 2017.

¶14

Leave to fle Appeal is granted. The Application stands disposed of.

¶15

FIRST APPEAL ST. NO.7366 OF 2017.

¶16

Heard respective Counsel for the parties with consent.

¶17

38 CAF-3518-2017

¶18

¶19

The Appeal is taken up for fnal disposal.

¶20

The parties are agreed that the issues raised in present Appeal are already covered by the judgment of this Court delivered on 28.03.2019 in First Appeal No.421 of 2018 and also the judgment delivered in First Appeal No.353 of 2015.

¶21

In view of above, the judgment impugned in present Appeal dated 07.02.2013 stands modifed. It is ordered that the Award of compensation be recalculated at the rate of Rs.650/- per sq.mtr. instead of Rs.750/per sq.mtr as ordered by Reference Court. The consequential beneft accordingly be recalculated.

¶22

The Claimants shall be as such entitled to withdraw the amount of compensation at the rate of Rs.650/- per sq.mtr. The impugned judgment and decree stands modifed to the above said extent.

¶23

Let the entire amount of diference in compensation at the rate of Rs.650/- per sq.mtr. with proportionate accrued interest and benefts be deposited before this Court within a period of twelve weeks from today.

¶24

(NITIN W. SAMBRE, J.)

¶25

TAMBE

Vidarbha Irrigation Development Corp., Thr. Exe. Engineer, Bembla Project Division, Yavatmal and an v. Vithal Domaji Aglawe (Dead) Thr. Lrs. Vijay Vithal Aglawe and Others

Case brief

What is this about?

What did the court decide?

Vidarbha Irrigation Development Corp., Thr. Exe. Engineer, Bembla Project Division, Yavatmal and an v. Vithal Domaji Aglawe (Dead) Thr. Lrs. Vijay Vithal Aglawe and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Nayan Nanasaheb Gandhi vs M/S/ Kolte Patil Real Estate Pvt. Ltd. a Company Incorporated Pune- 411001 and Ors.

The Branch Manager, Oriental Insurance Co.Ltd., Nagpur Thr. the Regional Manager T.P. Hub Vs Smt. Kalpana Wd/O Tarasingh Rathod and 5 Others

The Branch Manager, Oriental Insurance Co.Ltd., Nagpur Divisional Office-Iii Thr. the Regional Man. Vs Pundlikrao S/O Babarao Tayade and 2 Others

Oriental Insu. Co. Ltd., Thr. Divisional Manager, Amravati Presently, Thr. Claims, T.P. Hub, Nagpur Vs Sabulal S/O Kalma Kasdekar and Others

Oriental Insu. Co. Ltd., Thr. Divisional Manager, Amravati Presently, Thr. Claims, T.P. Hub, Nagpur Vs Sabulal S/O Kalma Kasdekar and Others

Ramrao S/O Keshvrao Chaudhari and Another Vs Shri Sheikh Kadir Sheikh Rahim