Partly allowed

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal and Anr. v. Dilip Damodhar Popat and Others

Bombay HC6 Oct 2023CAF/261/2020

Case brief

AI extract

What is this about?

The High Court of Nagpur, Nagpur Bench, condensed a 631-day delay in filing a civil appeal. It granted the facility conditionally, directing the public undertaking appellant to plant 25 trees or pay Rs. 10,000 as cost. It also admitted the related appeal and stayed the execution of the impugned decree pending deposit of compensation.

What did the court decide?

Delay condoned subject to planting 25 trees or paying Rs. 10,000; execution of decree stayed pending deposit of compensation.

Vidarbha Irrigation Development Corp. Thr. Exe… — Execution and Attachment | Bombay HC (2023)

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2023:BHC-NAG:14912

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1 14-C.CAF.260.2020

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

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CIVIL APPLICATION (CAF) NO. 260 OF 2020 IN FIRST APPEAL (ST) NO. 3152 OF 2019

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Vidarbha Irrigation Development Corporation, Yavatmal and Another

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VS.

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Dilip Damodhar Popat and others.

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

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Mr V. V. Dahat, Adv. h/f. Mr J. B. Kasat, Advocate the appellants Ms Trupti Udeshi, AGP for respondent Nos. 2 and 3/State

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CORAM : G.A. SANAP, J. DATE : OCTOBER 6, 2023.

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Heard learned advocate for the appellant and learned AGP for the State. Respondent No.1 is served.

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This is an application for condonation of 631 days delay caused in filing appeal against the impugned judgment and award dated 13.02.2017.

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The reasons for delay have been set out in the application. It is stated that due to administrative procedural delay, the appeal could not be filed within time. It is further stated that there was lack of communication between the officials. The opinion of the superiors was required for filing the appeal. By the time the opinion was received, the period of limitation was over.

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2 14-C.CAF.260.2020

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Learned AGP for the State submits that Court may pass an appropriate order.

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In view of the reasons stated in the application, I am of the view that a case is made out to condone the delay subject to certain conditions. The appellant No.1 is acquiring body. In my view, in such cases, saddling the public undertaking only with cost, may not serve larger public interest. In such cases, other options need to be explored and made available to the party. Issuing direction to the public undertaking or other Government bodies to plant particular number of trees in each case, could be the best available option. Plantation of trees would be beneficial to one and all. In my view, therefore, by way of a condition for condonation of delay, the appellants can be given an option. Accordingly, in this case, delay is condoned. It is subject to condition that the appellants shall plant twenty-five trees or pay cost of Rs.10,000/- (Rupees Ten Thousand only) and deposit the said cost in this Court. Learned advocate for the appellants shall file a pursis and exercise the option.

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As far as the mechanism for implementation of this direction is concerned, the same shall be identical to the one set out in para Nos. 7 and 9 of the order dated 25.09.2023 passed in CAF No. 130 of 2020. Para Nos. 7 and

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3 14-C.CAF.260.2020

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9 are extracted below :

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“7. Concerned acquiring body, Government office or the appellant, as and when directed to plant trees, shall comply the said order and make a report of the same to the District Forest Officer of the concerned district. The District Forest Officer of the concerned district from Vidarbha Region, on receipt of the report, as above, shall depute a responsible officer to the spot for inspection. The District Forest Officer shall maintain record of the same for two years. The District Forest Officer of the concerned district, after inspection, shall forward the compliance report to the Secretary, High Court Legal Services Sub-Committee, Nagpur. The Secretary of High Court Legal Services Sub-Committee, Nagpur shall maintain case-wise record and as and when required, shall place the same before this Court. The Secretary, High Court Legal Services Sub-Committee, Nagpur can take help of the Secretary of the District Legal Aid Services Authority of the concerned district from Vidarbha Region for the purpose of verification and report.

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The appellant/authority concerned on exercising option of plantation of trees, will be responsible to maintain the planted trees for two years from the date of plantation. The appellant/authority, in all such cases, shall first utilize the land available with it. In case, the land is not available, the concerned appellant/ body/authority shall make request to the in-charge of the Social Forestry Department of the concerned district as well as to the Collector or the Tahsildar of the concerned district/taluka for making the Government land available for plantation. The officer of Social Forestry Department/Collector/Tahsildar shall do the needful as and when such request is received.”

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4 14-C.CAF.260.2020

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The concerned party or authority, on exercise of option, shall comply the order as early as possible and in any case within one month. The Registry shall register the appeal on filing pursis by the appellant exercising option.

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In case the appellants exercise the option of plantation of trees, copy of this order be forwarded to the Secretary, High Court Legal Services Sub-Committee, Nagpur, the District Forest Officer, Yavatmal for information.

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The application stand disposed of , accordingly.

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Appeal be registered.

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FIRST APPEAL (st.) NO. 3152 OF 2019

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Heard.

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ADMIT.

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Learned AGP waives service of notice on behalf of respondent Nos. 2 and 3/State.

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Call for record and proceedings.

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Paper book be filed within twelve weeks from

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5 14-C.CAF.260.2020

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the date of receipt of record and proceedings.

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CIVIL APPLICATION (CAF) NO. 261 OF 2020

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Heard learned advocate for the appellant and learned AGP for the State.

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Perused the application. The reasons have been stated in the application.

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In view of the reasons stated in the application, subject to deposit of the entire amount of compensation within eight weeks, there shall be stay to the execution of the impugned judgment and decree dated 13.02.2017 passed by the 2^nd Jt Civil Judge Senior Division, Yavatmal in Land Acquisition Case No. 413/2012.

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The application stands disposed of, accordingly.

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(G. A. SANAP, J.)

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Namrata

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal and Anr. v. Dilip Damodhar Popat and Others

Case brief

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Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal and Anr. v. Dilip Damodhar Popat and Others

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