Shriram Chandrabhan Fulkar, Since Deceased, Thr. Lrs. Puneshwar S/O. Shriram Fulkar And Others v. The State Of Maha., Represented By The Collector, Yavatmal And Others

caf 2663-16.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2663 of 2016 IN FIRST APPEAL STAMP NO. 4252 OF 2016 (Shriram Chandrbhan Fulkar since deceased through LRs. Vs. The State of Maharashtra represented bythe Collector, Yavatmal) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- ShriP. R. Agrawal, Advocate for Appellant.

Shri. A. R. Chutke, AGP for Respondent nos. 1 & 2.

CORAM

: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J.

DATE : 17 th JULY, 2017.

This is an application seeking condonation of delay of 4462 days in filing the appeal. Learned counsel for the applicant fairly concedes that the applicant will not claim the interest on the enhanced amount of compensation from the date of award of the Reference Court i.e. 6.9.2003 till today.

In view of the judgment of the Hon'ble Apex Court in the case of Imrat Lal Vs. Land Acquisition Officer, 2013 DGL5 (SC) 1065, the appeal is though the of the substantial period, is condoned subject to appellant not being entitled to claim interest on the enhanced amount of compensation from the date of the judgment of the Reference Court on 6.9.2003 till date.

caf 2663-16.odt 2 Application is allowed and disposed of with no order as to costs.

FIRST APPEAL STAMP NO. 4252 OF 2016 On the request of learned counsel for both the parties, stand over after one week for final hearing at the stage of admission itself.

JUDGE RGIngole