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Bombay High Court

The Ex. Engineer, Minor Irrigation ... vs Dilip Nivruti Dhole And Ors on 4 February, 2020

Author: K.K. Sonawane

Bench: K.K. Sonawane

                               1                             946-CA-10501-19

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

        CIVIL APPLICATION NO.10501 OF 2019 IN FAST/20303/2019
                WITH CA/10502/2019 IN FAST/20303/2019

          THE EX. ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD
                    THR BABU BHAGWAN MADKE AND OTHERS
                                   VERSUS
                       DILIP NIVRUTI DHOLE AND OTHERS
                                    ...
    Advocate for Applicant No.1 - Acquiring Body : Mr. Shyam C. Arora
                                    ...

                                   CORAM : K.K. SONAWANE, J.

                                   DATED : 04th FEBRUARY, 2020.
 ORDER :

-

Heard learned counsel for the applicant- Acquiring Body. Perused the application. Despite service of notice, no one else appeared on behalf of respondents No. 1, 3 and 4. The appellant- applicant-Acquiring Body to take steps against the deceased claimant- respondent No.2, till next date.

2. This Court under Order dated 06-09-2019, granted the ad- interim relief of stay in terms of prayer clause (B) in favour of applicant-Acquiring Body subject to deposit of entire decreetal amount on or before 22-01-2020. But, it appears from the record that there was no any response from the applicant-appellant-Acquiring Body. Mr. Arora, learned counsel seeks accommodation to inform this Court about progress in the matters for getting budgetary allocation from the Government to facilitate the applicant- Acquiring Body to deposit the amount under Award in this Court. Obviously, there is huge delay of 2470 days caused for filing first appeal. The original claimants are in queue awaiting for disbursement of compensation amount awarded for the acquired land since year 2002. The Reference Court has decided reference petition in the month of June-2012, and since then, there is no progress for depositing the decreetal amount in the matter.

3. In view of attending circumstances, being an last opportunity for the Acquiring Body to show the progress about depositing the amount to facilitate this Court for exercising discretion in the application for condonation of delay, stand over to 11th March, 2020.

Sd./-

[ K. K. SONAWANE ] JUDGE rrd ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/06/2020 13:57:37 :::