Ambadas Bhoju Ade And Another v. The State Of Maharashtra Through Collector, Yavatmal And Others

21 CAO-568-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.568 OF 2021 IN FIRST APPEAL (ST) NO.1915 OF 2020 [Ambadas Bhoju Ade (Dead) thr. his LRs and Anr. .Vrs. The State of Maharashtra and Ors.] ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri. K. S. Narwade, Advocate for Applicants Shri. N. R. Patil, AGP for the Respondent Nos.1 and 3 Shri. K. R. Lule, Advocate for Respondent No.2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 25 th JANUARY , 2022.

1.

By this application, the applicants have sought to condone the delay of 296 days in filing the appeal under Section 54 of the Land Acquisition Act, 1894. 2.

The applicants have stated that they were unable to file the appeal due to financial constraints. Considering the same, the delay is condoned.

3.

In my considered view, the State should not be saddled with interest for the delayed period of 296 days. Hence, in the event, the applicants succeed in the appeal, they will not be entitled for interest for the delayed period and the interest will be payable only from the date of admission of the appeal. 4.

Application stands disposed of in above terms. FIRST APPEAL (ST) NO.1915 OF 2020 5.

Heard.

6.

Admit.

7.

Call for the Record and Proceedings.

8.

Paper book be filed within a period of six months.

21 CAO-568-2021 9.

Issue notice to the respondents.

10. Learned AGP waives on behalf of the respondent nos.1 and 3 and the learned Advocate waives on behalf of respondent no.2.

JUDGE TAMBE by ASHISH ASHOKRAO TAMBE Date: 2022.01.28 15:41:05 +0530 ASHISH ASHOKRAO TAMBE