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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF No. 3182 of 2015 In FA (St) No. 14063 of 2015

EE v. Govt of Maharashtra and ors

Office Notes, Office Memoramda of Coram,

appearances, Court's orders of directions

Court's or Judge's

orders.

and Registrar's Orders.

Mr P. B. Patil, Adv for applicant

Ms R. Deshpande, AGP for respdts 1,2

Mr R. P. Masurkar, Adv for respdts 3,4

Coram: B. P. Dharmadhikari And

V. M. Deshpande, JJ

Date : 9 ^th December 2015

1.

Prayer is to condone delay of 82 days

in filing appeal under Section 54 of the Land

Acquisition Act. The request for condonation of

delay is being strongly opposed by learned

counsel for respondents no. 3 and 4. Learned

Assistant Government Pleader does not oppose

the prayer.

2.

We have perused affidavit.

The

developments after passing of impugned

judgment by the Reference Court are datewise

furnished and we do not see any undue time gap.

Office compliance has been done regularly.

Therefore, delay is condoned. Office to register

First Appeal.

3.

First Appeal (St) No. 14063/15 :

Appeal is directed to be registered today by

condoning delay of 82 days.

4.

Admit. Ms Rashi Deshpande, learned

AGP waives notice for respondents no. 1 and 2

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while Mr R. P. Masurkar, learned counsel waives

notice for respondents no. 3 and 4.

5.

CAF No. 3183 of 2015 : Notice,

returnable on 21.1.2016. Ms Rashi Deshpande,

learned AGP waives notice for respondents no. 1

and 2 while Mr R. P. Masurkar, learned counsel

waives notice for respondents no. 3 and 4.

6.

Prima facie, it appears that separate

compensation has been awarded for irrigated

land and also for fruit bearing trees by adopting

income capitalization method. Ad-interim stay of

coercive recovery subject to applicant/appellant

depositing 30% of the amount awarded with the

Registry of this Court.

Judge

Judge

joshi