Allowed

V.I.D.C., through Executive Engineer, Purna Medium Project Division, Amravati v. Dnyaneshwar Ramkrushna Ingle (Dead) Thr. Lrs. Smt. Usha Dnyaneshwar Ingle and Others

Bombay HC18 Oct 2024CAF/3015/2024

Case brief

AI extract

What is this about?

Corporation sought condonation of a 35-day delay in filing an appeal against a Special Authority award and interim relief for stay subject to deposit. Delay was condoned, the civil application allowed with a twelve-week deposit condition, and the first appeal admitted.

What did the court decide?

Delay of 35 days in filing appeal condoned; second application allowed subject to deposit within twelve weeks; appeal admitted.

V.I.D.C., through Executive Engineer, Purna Medium Project… — Land Acquisition | Bombay HC (2024)

¶1

1 12-CAF-3014-24.odt

¶2

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

¶3

CIVIL APPLICATION (CAF) NO. 3014 OF 2024 IN

¶4

FIRST APPEAL ST. NO. 22247 OF 2023

¶5

VIDHARBHA IRRIGATION DEVELOPMENT CORPORATION

¶6

Vrs.

¶7

DNYANESHWAR RAMKRUSHNA INGLE (DEAD) THROUGH HIS LEGAL HEIRS AND OTHERS

¶8

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

¶9

Shri Ashwin Bhagwat, Advocate h/f Shri U. A. Gosavi, Advocate for applicant/appellant.

¶10

Shri Paras Rathi, Advocate for respondent Nos.1 to 3. Ms.Mukta Kavimandan, AGP for respondent Nos.4 and 5.

¶11

CORAM: SANJAY A. DESHMUKH, J. DATE : 18/10/2024.

¶12

On the oral request of learned advocate for the applicant, applicant is permitted to correct the respondent Nos.2 and 3 as respondent Nos.4 and 5.

¶13

Amendment be carried out forthwith.

¶14

Issue notice to the respondents.

¶15

Shri Rathi, learned advocate waives service of

¶16

notice for respondent Nos.1 to 3.

¶17

Ms.Mukta Kavimandan, learned AGP waives

¶18

service of notice for respondent Nos.4 and 5.

¶19

Perused the application.

¶20

Heard learned advocates for both sides.

¶21

Learned advocate for the applicant pointed out the grounds for condonation of delay.

¶22

2 12-CAF-3014-24.odt

¶23

On perusal of grounds, delay is not deliberately caused.

¶24

The application deserves to be allowed.

¶25

The application is allowed in the interest of justice. Delay of 35 days caused for filing the appeal is condoned.

¶26

The application is disposed of.

¶27

CIVIL APPLICATION (CAF) NO. 3015 OF 2024

¶28

On the oral request of learned advocate for the applicant, applicant is permitted to correct the respondent Nos.2 and 3 as respondent Nos.4 and 5.

¶29

Amendment be carried out forthwith.

¶30

Issue notice to the respondents.

¶31

Shri Rathi, learned advocate waives service of notice for respondent Nos.1 to 3.

¶32

Ms.Mukta Kavimandan, learned AGP waives service of notice for respondent Nos.4 and 5.

¶33

Learned advocate for the applicant submits that the applicant is ready to deposit the amount as per the Judgment of the Special Authority within twelve weeks.

¶34

Considering the prayer, the application is allowed in terms of Prayer Clause (i) subject to condition that said amount be deposited within twelve weeks.

¶35

Stand over after twelve weeks.

¶36

FIRST APPEAL ST. NO. 22247 OF 2023

¶37

Heard.

¶38

Admit.

¶39

3 12-CAF-3014-24.odt

¶40

Issue notice to the respondents. 24. Shri Rathi, learned advocate waives service of notice for respondent Nos.1 to 3.

¶41

Ms.Mukta Kavimandan, learned AGP waives service of notice for respondent Nos.4 and 5. 26. Call for Record and Proceedings. 27. Stand over after twelve weeks.

¶42

[SANJAY A. DESHMUKH, J.]

¶43

Choulwar

¶44

Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/10/2024 13:41:45

V.I.D.C., through Executive Engineer, Purna Medium Project Division, Amravati v. Dnyaneshwar Ramkrushna Ingle (Dead) Thr. Lrs. Smt. Usha Dnyaneshwar Ingle and Others

Case brief

What is this about?

What did the court decide?

V.I.D.C., through Executive Engineer, Purna Medium Project Division, Amravati v. Dnyaneshwar Ramkrushna Ingle (Dead) Thr. Lrs. Smt. Usha Dnyaneshwar Ingle 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

Case details

Similar cases

Sau. Shraddha W/O Satish Burghate Vs Jaiprakash Mahadeoji Rinwa and Others

Sau. Kalpana Ashokrao Gulhane and Others Vs Jaiprakash Mahadeoji Rinwa and Others

Sohan S/O Jainarayan Agrawal Vs the State of Maharashtra, through Collector, Yavatmal and Others

Supchand S/O Tarachand Agade (Agale) vs Smt. Parvatabai W/O Tarachand Agade and Others

V.I.D.C., through Executive Engineer, Purna Medium Project Division, Amravati vs Dnyaneshwar Ramkrushna Ingle (Dead) Thr. Lrs. Smt. Usha Dnyaneshwar Ingle and Others

Executive Engineer Upper Wardha Project, B.Z.No. 1, v.I.D.C., Amravati vs Vijay Ramchandra Kapde and Others