Bajirao Warlu Wasake (Dead) Thr. Lrs. Chetan Ramchandra Wasake And Another v. State Of Maharashtra Through The Collector, Yavatmal And Others

32-CAF 1191-23 In FAst-8832-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1191 OF 2023 IN FIRST APPEAL (ST.) NO. 8832 OF 2021 BAJIRAO WARLU WASAKE (DEAD) THR. LRS. CHETAN RAMCHANDRA WASAKE AND ANR. ...VERSUS...

STATE OF MAHARASHTRA THR. THE COLLECTOR, YAVATMAL AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Yash Bangale, Advocate h/f. Shri A.S.Dhore, Advocate for appellants/applicants.

Ms. T.H.Udeshi, AGP for respondent nos. 1 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JUNE , 2023 Heard.

2.

The present application is filed for condonation of delay in filing First Appeal. There is delay of 1203 days in filing First Appeal. 3.

It is contended that in LAC No. 361/2013, the compensation of the similarly situated land has been held as Rs. 3,81,50/- per hector. The applicants got knowledge of the said judgment recently. Therefore, there is delay in filing First Appeal. 4.

I am not satisfied with the reason given by the applicants, however, in view of the undertaking given by the applicants that they will not claim any interest on enhanced compensation or statutory compensation for the delayed period, I am inclined to allow the application. Accordingly, the application is allowed. Delay in filing First Appeal is hereby condoned.

32-CAF 1191-23 In FAst-8832-21 5.

Registry is directed to register the First Appeal. 6.

It is made clear that the claimants/applicants will not be entitled for any interest on enhanced compensation or statutory compensation for the delayed period.

7.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar