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Bombay High CourtCAO/1072/2017ca disposed off

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Buldhana v. Madhavrao Martandrao Shigne And 2 Others

2017-08-14Hon'Ble Kum. Justice Indira Jain2 pages

fa.1070.14 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAO] NO.1072 OF 2017 IN CROSS OBJECTION STAMP NO.5562 OF 2017 IN FIRST APPEAL NO.1070 OF 2014 (V.I.D.C. through its Executive Engineer, Tah. Deulgaonraja, Dist. Buldhana vs.

Madhavrao M. Shingne & others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri K.S. Narwade, Advocate for Applicant-Objector. Ms. N.H. Jaipurkar, A.G.P. for Respondent Nos.2 & 3.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 14 th AUGUST, 2017.

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

Considering length of delay of 718 days, learned Counsel for the objector-claimant fairly concedes that the applicant 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 vs. Land Acquisition OfÏcer - [2013 DGL5 (SC) 1065], subject to condition that the objector-claimant not being entitled to interest from the date of decision of award till date, the delay is condoned.

Application is allowed with no order as to costs.

fa.1070.14 2 Cross Objection Stamp No.5562/2017 :

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

First Appeal No.1070/2014 :

Appellant to file private paper-book within six months from the date of this order.

JUDGE *sdw