Tejrao S/O Piraji Diwthane v. State Of Maharashtra, Represented By Collector, Buldhana And Others

caf664.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.664 OF 2016 IN FIRST APPEAL STAMP NO.10168 OF 2014 (Tejrao s/o Piraji Diwthane Vs. State of Maharashtra, represented by Collector, Buldana and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.U. Bhuyar, Advocate for Applicant.

Shri A.R. Chutke, AGP for Respondent Nos.1 & 2. Shri S.S. Godbole, Advocate for Respondent No.3. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 1 st AUGUST, 2017.

This is an application for condonation of delay of 347 days in preferring the appeal.

Learned counsel for appellant-claimant fairly concedes that the appellant will not claim any interest for the delayed period of 347 days 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 reported in 2013 DGLS (SC) 1065, the delay is condoned. The application is allowed subject to condition of appellant being not entitled to claim interest on the delayed period of 347 days on the enhanced amount of compensation.

The application is disposed of.

caf664.16.O.odt 2 First Appeal Stamp No.10168/2014:

Heard.

Admit.

Call for R & P.

Appellant to file private paper-book within a period of six months, after the receipt of R & P. Shri A.R. Chutke, the learned A.G.P. waives service of notice for respondent Nos.1 and 2 and Shri S.S. Godbole, the learned counsel waives service of notice for respondent No.3.

JUDGE NSN