Dagdu Sambhaji Surywanshi v. The State Of Maharashtra And ANR

1 CA 292 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 64 CIVIL APPLICATION NO. 292 OF 2016 IN FAST/37622/2015 WITH CA/293/2016 IN FAST/624/2016 DAGDU SAMBHAJI SURYWANSHI

VERSUS

THE STATE OF MAHARASHTRA AND ANR -------- Shri. P.R. Katneshwarkar, Advocate, for applicant. Shri. A.R. Borulkar, Assistant Government Pleader, for respondent No.1.

Shri. S.S. Dande, Advocate, for respondent No.2. ---------- CORAM: T.V. NALAWADE, J.

DATE : 29th FEBRUARY 2016 ORDER:

1) Heard both sides. In the first proceeding delay of 196 days is caused and in the second proceeding delay of 213 days is caused. In view of the contentions made in the applications and the submissions made this Court holds that sufficient cause is shown. However, there will be question of making payment of interest in respect of aforesaid period. Learned counsel for original claimants makes statement and gives undertaking that the claimants will not be claiming interest in respect of the aforesaid period.

2 CA 292 of 2016 2) So, the applications are allowed. Delay is condoned subject to condition that the claimants will not be claiming interest in the two matters in respect of the period of 196 days and 213 days respectively if the compensation is enhanced by this Court.

3) Notice in appeals. Learned counsel for the acquiring body and the learned Assistant Government Pleader waive notice. Call record and proceeding. Stand over to 3rd August 2016.

Sd/- (T.V. NALAWADE, J. ) rsl