Vidarbha Irrigation Development Corporation, Through Executive Engineer,Khadakpuran Project,Buldhan v. Eknath Ashruba Shigne, And 2 Others

1 cao836.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAO NO.836/2017 IN FIRST APPEAL NO.1041/2014 [Vidarbha Irrigation Development Corporation .vs. Eknath Ashruba Shingne and others ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abhijit Parihar, Advocate for Appellant, Shri S.D. Dharaskar h/f Shri K.S. Narwade, Advocate for Respondent no.1/cross-objector, Shri H.D. Dubey, AGP for Respondent Nos.2 and 3. .........

CORAM : KUM. INDIRA JAIN, J.

DATED : AUGUST 11, 2017.

This is an application seeking condonation of delay of 807 days in preferring the cross-objection. Considering length of delay of 807 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 Officer [2013 DGLS (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. Cross-Objection St.No.5672/2017 The cross-objection is also admitted and to be heard along with the appeal.

First Appeal No.1041/2014 Appellant to file private paper book within six months from the date of this order.

JUDGE Gulande