53caf846.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.846 of 2009 in First Appeal St. No.6090 of 2007 (Vidarbha Irrigation Dev. Corp., Akola vs. Vasanta s/o. Shankar Lad and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : March 05, 2010. CIVIL APPLICATION NO. 846 OF 2009 Heard Mr. A.B.Patil, Adv. for the applicant. This is an application for condonation of 648 days' delay caused in filing the appeal. The judgment and Award in question was passed on 29.3.2005 by Civil Judge (Sr.Dn.), Washim in L.A.C.No.131 of 1996. The averments made in the application are that it was at the instance of the applicant that the acquisition proceedings were initiated and the land was acquired for the purpose of applicant/Corporation. The applicant/Corporation was not aware about the judgment and Award dt. 29.3.2005 and as and when it came to the notice of the applicant, the application for certified copy was made. The learned Counsel appearing for the applicant submits that what is being challenged in the appeal is the common judgment and order passed in Land Acquisition Case delivered on 23.11.2005. He further submits that the appeals preferred against the decision in some of these Reference Cases are 53caf846.09.odt 2 . allowed and the matter is remanded back to the Reference Court for decision afresh. Notices on this Civil Application were issued on 25.8.2009. However, none appears for the respondents. No reply has been filed. In view of the fact that the averments made in the application stand uncontroverted, after going through the same, I am satisfied that sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned. The application stands disposed of. CIVIL APPLICATION NO. 847 OF 2009 Heard. This is an application for grant of leave to file appeal. The applicant is the acquiring body at whose instance the land acquisition proceedings were initiated. The Reference Court has enhanced compensation by its judgment and order dt. 29.3.2005 passed in Land Acquisition Case No.131 of 1996. The applicant/ claimant was not made party in the Reference proceedings. Mr.Patil, Adv. for the applicant relies upon decision of Apex Court reported in 1995 (2) SCC 326, U. P. Awas Evam Vikas Parishad .vs. Gyan Devi (Dead) by L.Rs. and Ors. In view of above, the application is allowed. The applicant is granted leave to file this appeal. Cont'd....... 53caf846.09.odt 3 . FIRST APPEAL ST. NO.6090 of 2007 Issue notices on the instant First Appeal for final disposal returnable on 30.4.2010. Mr.Yengal, Assistant Government Pleader waives service of notice on behalf of respondent no.8. JUDGE jais