Pandurang S/O. Satwa Takras v. The State Of Maharashtra, Through The Collector, Yavatmal And Others

18-CAF-1757-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1757 OF 2016 IN FIRST APPEAL ST. NO.7630 OF 2016 Pandurang s/o Satwa Takras and anr.

-vsThe State of Maharashtra, Thr. Collector, Yavtmal and ors. ------------------------------------------------------------------------------------------------------------------------ - Office notes, Office 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.

Smt A. Kulkarni, AGP for non-applicant Nos.1 and 2. CORAM : A.S.CHANDURKAR, J.

DATE : February 14, 2017 Prayer in the application is to condone delay in filing the first appeal. In the application it is stated that by common judgment dated 28/02/2006 two land acquisition cases came to be decided.

F.A.No.1368/2013 seeking enhancement in the amount of compensation for lands acquired from the same village is pending. It is further stated in paragraph 3 of the application that if the delay is condoned and the compensation is enhanced, the applicants would not claim interest on the enhanced amount of compensation. The application is opposed by Smt A. Kulkarni, learned Assistant Government Pleader for the nonapplicant Nos.1 and 2. It is however not disputed that the common judgment is under challenge in

18-CAF-1757-16 2/2 F.A.No.1368/2013.

Considering reasons mentioned in the application, the delay in filing first appeal stands condoned subject to applicants not being entitled to interest on the amount of compensation if enhanced for the period from 28/02/2006 till 01/04/2016.

Delay stands condoned on aforesaid terms. Civil application is disposed of.

F.A.St. No.7630 of 2016 Heard.

Admit.

Call for record and proceedings.

Smt A. Kulkarni, learned Assistant Government Pleader waives notice on behalf of respondent Nos.1 and 2.

In view of order passed on C.A.No.1757/2016, the claimants would not be entitled for the interest on the amount of compensation if enhanced for the period from 28/02/2006 till 01/04/2016.

To be heard along with F.A. No.1368/2013.

JUDGE Asmita