Shaikh Supdu Shaikh Khairu v. The Executive Engineer Medium Irrigation Divison Zilla Parishad And Another

caf2508.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2508 OF 2017 IN FIRST APPEAL STAMP NO.8301 OF 2014 (Shaikh Supdu Shaikh Khairu Vs. The Executive Engineer, Medium Irrigation Division, Zilla Parishad, Buldana, Dist. Buldana and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.B. Kale, Advocate for Applicant.

Ms. Gupte, Advocate h/f Shri P.B. Patil, Advocate for Respondent No.1. Ms. Shamsi Haider, AGP for Respondent No.2.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 18 th JULY, 2017.

This is an application preferred by the claimant seeking condonation of delay in preferring the appeal. Considering the length of the delay, learned counsel for applicant fairly concedes that the applicant will not claim an interest on the enhanced amount of compensation from the date of the judgment of the Reference Court dated 31.03.2012 till today.

In view thereof, in the light of the judgment of the Apex Court in the case of Imrat Lal vs. Land Acquisition Officer reported in 2013 DGLS (SC) 1065, the application for condonation of delay is allowed subject to the appellant/applicant not being entitled for the interest on the enhanced amount of compensation from the date of judgment of the Reference Court dated 31.03.2012 till today.

caf2508.17.O.odt 2 The application is accordingly allowed and disposed of.

First Appeal Stamp No.

/2014:

Heard.

Admit.

Call for R & P.

Appellant to file private paper-book within a period of six months, after the receipt of R & P. JUDGE NSN