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Bombay High CourtCAF/2517/2018admittedallwdgrantedrule absolute

Wasudeo S/O Narayan Wankhede v. The State Of Maharashtra, Thr. Collector, Yavatmal And Another

2019-03-01Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAF2517.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (F) No.2517/2018 in FASt No.3136/2017 Wasudeo s/o Narayan Wankhede Vs.

The State of Maharashtra, through its Collector, and others. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R.J.Shinde, Advocate for applicant.

Mrs. Harshada Prabhu, AGP for non applicant Nos. 1 & 2. Shri M.A.Kadu, Advocate for non applicant no.3. CORAM : A.S.CHANDURKAR, J.

DATE : March 01, 2019 By this application, it is prayed that the delay in filing appeal under Section 54 of the Land Acquisition Act, 1894 be condoned.

The reasons for cause of delay are mentioned in para 2 and 3 of the application. The prayer is opposed by learned counsel for the non applicants.

Considering the reasons mentioned and in view of order passed on Civil Application (F) No.973/2018 dated 11.02.2019, the delay in filing the appeal stands condoned subject to the applicant not being entitled for interest on the amount of compensation, if enhanced, from 06.01.2012 to 08.02.2017. The delay is condoned on the aforesaid terms.

Civil Application is disposed of.

FA St.No.3136/2017 Heard.

Admit.

Call for record and proceedings.

Mrs. Harshada Prabhu, learned AGP waives

CAF2517.18 2/2 notice for respondent nos. 1 and 2 and Shri M.A.Kadu, learned counsel waives notice for respondent no.3. In view of order passed in C.A.(F) No.2517/2018, the appellant would not be entitled for interest on the amount of compensation, if enhanced, for the period from 06.01.2012 to 08.02.2017.

JUDGE Andurkar.