Smt. Chandrakala W/O Fuldas ... vs Vidarbha Irrigation Development ...
2021 Latest Caselaw 12607 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                   CIVIL APPLICATION (CAO) NO.503 OF 2021 IN
                       CROSS OBJECTION NO.19 OF 2021 IN
                         FIRST APPEAL NO. 1000 OF 2013

                               Chandrakala w/o Fuldas Mahant
                                           Vs.
   Vidarbha Irrigation Development Corporation through its Executive Engineer, Nagpur

Office     Notes,    Office                       Court's or Judge's orders
Memoranda of Coram,
Appearances, court's orders
or      directions     and
Registrar's orders
                              Shri Y.J. Chandurkar, Advocate h/f Shri J.J. Chandurkar,
                              Advocate for the appellant.
                              Shri N.A. Gaikwad, Advocate for the respondent No.1.
                              Smt. M.H. Deshmukh, AGP for the respondent Nos. 2 and 3.

                                          CORAM : SMT.PUSHPA V. GANEDIWALA, J.

DATE : SEPTEMBER 3, 2021

1. Heard.

2. By way of this application the claimant/cross objector is seeking condonation of delay of 1981 days caused in filing the cross objection.

3 The reason for delay has been explained in paragraph Nos. 2 to 9 of the application.

4. Shri Chandurkar, learned counsel for the appellant strongly objected the application and filed affidavit in reply. Shri Chandurkar, learned counsel

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submits that delay has not been properly explained.

5. Shri Nikhil Gaikwad, learned counsel appearing on behalf of claimant submits that for the similarly situated land and fruit-bearing trees this Court has enhanced compensation. To avail the benefit of enhanced compensation, the applicant has come before this Court in Cross Objection as the appellants'. Appeal is already admitted.

6. Considering the reasons as stated in the application so also the judgment of Hon'ble Apex Court in the case of K. Subbarayudu and others vs. Special Deputy Collector (Land Acquisition) Reported in (2017) 12 SCC 840, wherein delay of 3671 days was condoned in order to substantial justice. As the appellant in that case was the farmer and it was found that there was sufficient cause for delay, and to bring this farmer at par with the similar farmers, who have already received enhanced compensation in the same notification.

7. I am satisfied that delay has been properly explained and therefore, delay of 1981 days is hereby condoned.

8. Cross objection be registered. However, subject to the condition that claimant shall not claim interest for the delay period of 1981 days, on enhanced compensation, if any.

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                           CROSS OBJECTION NO.19 OF 2021

                           1.             Admit.

2. Shri Chandurkar, learned counsel waives service of notice on behalf of VIDC/appellant.

3. Smt. M.H. Deshmukh, learned AGP waives service of notice on behalf of respondent Nos. 2 and 3.

JUDGE ambulkar