Mahadeo S/O Shrawan Kanherkar v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

1310caf3986.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 3986 OF 2017 IN FIRST APPEAL ST. NO.8147 OF 2017 (Mahadeo s/o Shrawan Kanherkar vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri D.A. Sonwane, Advocate for applicant.

Mrs. M. Naik, Assistant Government Pleader for respondent nos. 1 and 2.

Shri M.A. Kadu, Advocate for respondent no.3. -------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 13, 2017 This application is for condonation of 1886 days' delay caused in preferring appeal against impugned judgment and award dated 17/11/2011 passed by learned Civil Judge, Senior Division, Yavatmal in L.A.C. No. 144/2006.

Shri Sonwane, learned Counsel for applicant, makes a statement that in the event, delay is condoned, applicant shall not claim interest on the enhanced amount of compensation from the date of award till application is allowed.

In view of the statement made as aforesaid and having regard to the law laid down by the Hon'ble Apex Court in Imrat Lal vs. Land Acquisition Officer (2013 DGLS (SC) 1065), delay is condoned. The application is allowed.

1310caf3986.17 2/2 FIRST APPEAL ST. 8147 OF 2017 Heard learned Counsel for the parties.

Admit.

Mrs. Naik, learned Assistant Government Pleader waives notice for respondent nos.1 and 2, and Shri Kadu, learned Counsel waives notice for respondent no.3.

Call R & P.

JUDGE khj