Vidarbha Irrigation Development Corporation v. Tejrao Uttamrao Mundhe And Others

1 cao1074.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAO NO.1074/2017 IN CROSS-OBJECTION ST. NO.8226/2017 IN FIRST APPEAL NO.935/2016 [The Executive Engineer, Khadakpurna Project Division, VIDC, Deulgaon Raja, DistrictBuldhana .vs. Tejrao Uttamrao Mundhe 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 V.G. Palshikar, Advocate for Appellant, Shri Narwade, Advocate for Respondent no.1, Shri Dubey, AGP for Respondent nos.2 and 3.

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CORAM : KUM. INDIRA JAIN, J.

DATED : SEPTEMBER 04, 2017.

This is an application seeking condonation of delay of 36 days in preferring the cross-objection.

Considering length of delay of 36 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.8226/2017 The cross-objection is also admitted and to be heard along with the appeal.

First Appeal No.935/2016 Appellant to file private paper book within one month from the date of this order.

JUDGE Gulande