Vidarbha Patbandhare Vikas Mahamandal through Exective Engineer, Wan Project Division, Shegaon Vs Sahebrsao Aatrmaram Sabe and Others — Bombay HC (2025) — LawSathi Research

Vidarbha Patbandhare Vikas Mahamandal through Exective Engineer, Wan Project Division, Shegaon Vs Sahebrsao Aatrmaram Sabe and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 44 days in filing First Appeal Stamp No.10255 of 2024 condoned; interim order dated 11.10.2024 confirmed subject to the right of respondent nos.1, 3 and 4 to seek withdrawal of the deposited amount; respondent nos.1, 3 and 4 permitted to withdraw the deposited amount on furnishing usual undertaking.

Issue for consideration

Whether the delay of 44 days in filing First Appeal Stamp No.10255 of 2024 challenging the judgment and award dated 15.01.2024 should be condoned. +2 more

Court's answer

Delay of 44 days in filing the first appeal is condoned, the reasons in the application not being very seriously opposed and the entire amount having been deposited in terms of the impugned award; Civil Application (F) No.2728 of 2024 is disposed of accordingly.

Ratio / Principle

In Civil Application (F) No.2730 of 2024, the interim order granted vide order dated 11.10.2024 is confirmed, subject to the right of respondent nos.1, 3 and 4 to seek withdrawal of the amount deposited.

Key takeaways

In Civil Application (F) No.518 of 2025, respondent nos.1, 3 and 4 are permitted to withdraw the amount deposited by the appellant on furnishing the usual undertaking, the amount involved in the matter being meagre.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J.), by order dated 18.02.2025, disposed of Civil Application (F) No.2728 of 2024 condoning a delay of 44 days in filing First Appeal Stamp No.10255 of 2024 by Vidarbha Patbandhare Vikas Mahamandal against 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, noting that the reasons were not very seriously opposed and the entire amount stood deposited in terms of the impugned award. In Civil Application (F) No.2730 of 2024, the interim order granted vide order dated 11.10.2024 was confirmed, subject to the right of respondent nos.1, 3 and 4 to seek withdrawal of the amount deposited. In Civil Application (F) No.518 of 2025, respondent nos.1, 3 and 4 were permitted to withdraw the amount deposited by the appellant on furnishing the usual undertaking, the amount involved being meagre.

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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: 18th FEBRUARY, 2025.

Heard.

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.

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

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 :

Heard.

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 :

Heard.

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.)

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