Ku. Samta D/O. Dayalalji Jain Now Smt. Samta W/O. Kishorkumar Kankariya v. The Executive Engineer, Bembla Project, Yavatmal And Others

CAF1895-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CAF No.1895/2016 in First Appeal St. No.4268/2016 (Ku. Samta d/o Dayalalji Jain .vs. The Executive Engineer, Bembla Project, Yavatmal and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. C.R. Najbile, Advocate for Appellant.

Mr. M.A. Kadu, Advocate for Respondent No.1.

Mrs. Geeta Tiwari, AGP for Respondent Nos. 2 & 3. CORAM : Manish Pitale, J.

DATED : February 24, 2018.

This is an application for condonation of delay of 730 days in filing the accompanying appeal. This is an appeal filed on behalf of the claimant seeking further enhancement of compensation. Applying the principles laid down by the Hon'ble Supreme Court in the case of Imratlal .vs. Collector (LA)- (2014) 14 Supreme Court Cases, 133, the application is allowed, the delay is condoned, subject to the condition that the appellant shall not be entitled to interest for the period of delay of 730 days, in the event the appeal is allowed and the compensation is further enhanced.

First Appeal St. No. 4268/2016 Heard counsel for the parties.

Admit.

Mr. M.A. Kadu, learned counsel waives notice on behalf of respondent no.1 and Mrs. Geeta Tiwari, learned AGP , waives notice on behalf of respondent nos. 2 and 3.

CAF1895-16.odt Call for R. & P.

The learned counsel for the appellant shall file private paper book within six months from today. JUDGE halwai