Executive Engineer (V.I.D.C) ... vs Kalpana W/O Jitendra Chitlange ...
2022 Latest Caselaw 13080 Bom

                                                                                                                                             82. FA 704 of 2019.odt
                                                                                           1


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

                                                           FIRST APPEAL NO.704/2019

   Executive Engineer (V.I.D.C.) Akola Irrigation Division, Akola Dist. Akola and
                                      another
                                    ...Versus...
                  Kalpana w/o Jitendra Chitlange and another
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                         Shri K.P. Mahalle, Advocate for appellants
                                                                         Shri A.S. Mehadia, Advocate for respondent no.1
                                                                         Shri M.A. Kadu, AGP for respondent no.2

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 15/12/2022

1. Shri Mahalle, learned counsel for the appellants states that though list of about 35 matters from the same project and same notification for Dagadparwar project has been supplied to the office, the matters are not being listed today, considering which, since there is a leave-note by Mrs. Patil, learned counsel appearing for the appellants in some of the connected matters, list the matter on 12/01/2023 along with connected matters, on which date, the office shall list all the matters of this project. In case there are any other matters of this project, Shri Mahalle, learned counsel for the appellants shall supply list of the same to the office by 05/01/2023, which also shall be listed on 12/01/2023.

82. FA 704 of 2019.odt

2. Advocate Shri Mahalle as well as Advocate Shri Mehadia, learned counsels appearing for the respective parties shall also place on record in a tabular form the details regarding the sale instances of the villages which are affected by the Dagadparwa project along with the copies of the sale- deeds and also in a tabular form a chart indicating the compensation awarded in this project, which has attained finality. The learned counsels shall also place on record a table indicating the distances between all the villages and so also a map indicating in detail the location of the villages in this project. It is also reported that in some cases there are trees. Hence, a separate chart shall be placed on record indicating the admitted position regarding the number of trees in the Joint Measurement Report (JMR), the amount of compensation granted by the Land Acquisition Officer and the Reference Court respectively and the claim made by the claimants along with details of Form-F regarding the valuation of the trees made and so also the miram table as well as the Government Resolution, which indicates the mode of calculating the average yearly yield of fruit bearing trees and so also the relevant judgments on which reliance are being placed on record.

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:16.12.2022 11:16 (AVINASH G. GHAROTE, J.) Wadkar