Bombay High Court
V. I. D. C. Through The Executive ... vs Pralhad Januji Borde And Another on 2 December, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAF) NO. 78 OF 2021
IN
FIRST APPEAL (ST) NO. 25962 OF 2019
(Vidarbha Irrigation Development Corporation V/s Pralhad Januji Borde & Anr.)
WITH
CIVIL APPLICATION (CAF) NO. 265 OF 2021
IN
FIRST APPEAL (ST) NO. 25889 OF 2019
(Vidarbha Irrigation Development Corporation V/s Ramkrushna Natthuji Jalamkar & Anr.)
WITH
CIVIL APPLICATION (CAF) NO. 420 OF 2021
IN
FIRST APPEAL (ST) NO. 25956 OF 2019
(Vidarbha Irrigation Development Corporation V/s Dhumti Ratanlal Gujar & Ors.)
WITH
CIVIL APPLICATION (CAF) NO. 80 OF 2021
IN
FIRST APPEAL (ST) NO. 25968 OF 2019
(Vidarbha Irrigation Development Corporation V/s Mohanlal Bhikamchand Phaphat & Ors.)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Prothonotary's orders
Mr. Amit Kukday, Advocate for Appellant in all
Applications.
Ms. Mayuri Deshmukh, AGP for the State in all
the Applications.
Mr. A. S. Thotange, Advocate for Respondent
No.1 in CAF No.265/2021.
------
CORAM : V. M. DESHPANDE, J.
DATE : DECEMBER 2, 2021.
2/4 29.caf.78.2021 aw connected matters.odt
. These are the four Applications filed by the
Applicant - VIDC through the Executive Engineer, Shegaon for
condonation of delay for filing the Appeal challenging the
Judgment and Decree passed in four different Land Acquisition
Cases.
2. On 2/3/2021 this Court (Coram : Smt. Anuja
Prabhudessai, J.) issued notices on these Applications.
3. Ms. Mayuri Deshmukh is appearing for State of
Maharashtra in all these Applications.
4. The Original Claimants, who are made the
Respondents, are duly served.
5. In fact, Mr. Thotange, the learned Counsel has filed
his Vakalatnama for the Respondent No.1 in Civil Application
No. 265/2021. He submitted that he has instructions from the
Respondent No.1 to make a statement before the Court that the
Respondent No.1 has no objection for allowing the Application
for condonation of delay.
6. Though the claimants in other three Applications are
duly served, as on today, nobody is appearing for them.
Consequently, the submission made by the Applicant on oath
3/4 29.caf.78.2021 aw connected matters.odt
explaining the delay for lodging First Appeal has remained
uncontroverted.
7. After hearing Mr. Kukday, the learned Counsel for
the Appellant, Ms. Deshmukh, the learned AGP for State and
Mr. Thotange the learned Counsel for Respondent No.1 in Civil
Application No.265/2021 and after having gone through the
contents of the other Applications, I am of the view that the
Applicant has properly explained the delay. Resultantly, all the
Civil Applications are allowed. Delay is hereby condoned.
8. Office to register all the Appeals.
9. At this stage, Mr. Kukday, the learned Counsel for
the Applicant tendered the communication addressed to him by
the Executive Engineer, Jigaon Project, intimating him that the
claimants in these proceedings are ready for compromise, if the
matters are kept before the Lok Adalat. The communication,
which the learned Counsel for the Applicant received and
tendered, is taken on record and marked as 'X' for the purposes
of identification.
10. In view of the communication and looking to the
fact that all the matters are likely to be settled before the Lok
4/4 29.caf.78.2021 aw connected matters.odt
Adalat, Registry is directed to place all the Appeals before the
ensuing Lok Adalat.
(V. M. DESHPANDE, J.)
Yadav VG
Digitally Signed ByVIJAYA
GOURISHANKAR YADAV
Signing Date:03.12.2021
13:37
