Narayan S/O Ukandrao Makde, Dead Thr. Lrs. Sarang Narayanrao Makde And Others v. Maha. Industrial Development Corporation Mumbai And Others

fa.998.12 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAO] NO.1220 OF 2017 IN CROSS OBJECTION ST. NO.5184 OF 2017 IN FIRST APPEAL NO.998 OF 2012 (Narayan Ukandrao Makde [dead] through L.Rs.

vs.

M.I.D.C. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.B. Nakshane, Advocate for the Applicants-Objectors. Shri Sharad Thakre, Adv. h/f Shri M.M. Agnihotri, Adv. for Non-Applicant No.1. Ms. H.N. Jaipurkar, A.G.P. for Non-Applicant No.2 & 3.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 19 th SEPTEMBER, 2017.

This is an application seeking condonation of delay in preferring the cross-objection.

Considering length of delay of 1552 days, learned Counsel for the objectors-claimants fairly concedes that the applicants will not claim interest on the enhanced amount of compensation.

In view thereof, in the light of the judgment of the Apex Court in the case of Imrat Lal and others vs. Land Acquisition Collector and others - [2014(9) SCALE 446], subject to condition that the objectors-claimants not being entitled to interest from the date of decision of

fa.998.12 2 award till date, the delay is condoned.

Application is allowed with no order as to costs.

Cross Objection Stamp No.5581/2017 :

The cross objection is also admitted and to be heard along with the appeal.

First Appeal No.912/2014 :

Appellant to file private paper-book within four weeks from the date of this order.

JUDGE *sdw