Bombay High CourtCAO/1126/2019ca disposed off

Smt. Vijabai W/O D. Nilawar(Dead)Thr.Lrs. A. D. Nilawar(Dead)Thr. Lrs. Akshay A. Nilawar And Other v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

2019-06-20Hon'Ble Shri Justice A.S. Chandurkar2 pages

FA1071-13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1071/2013 (D) (THE STATE OF MAHARASHTRA & OTHERS VERSUS VIJABAI DIGAMBAR NILAWAR (DEAD) THR. LR's ANAND DIGAMBAR NILAWAR & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms A.R. Kulkarni, A.G.P. for appellant.

Shri M.M. Agnihotri, counsel for applicant/R-1 to 5. CORAM : A.S. CHANDURKAR, J.

DATE : JUNE , 2019.

C.A.O. NO. 1126/2019.

Prayer is to condone delay in filing the cross-objections. The cause of delay in filing the said cross-objections has been stated in paragraphs 2 to 6 of the present application. The applicants have relied on the decision in Dhiraj Singh (Dead) thr. LR's & Others Versus State of Haryana & Others [(2014) 14 SCC 127]. The applicants have expressed willingness to forgo the amount of interest on the amount of compensation if enhanced. The prayer is opposed by the learned Assistant Government Pleader for the appellants.

Considering the fact that the prayer for enhancement in compensation is being considered in similar cross-objections filed by other claimants and by accepting the reasons for the delay, the same stands condoned. The claimants however would not be entitled to interest on the amount of compensation for the period from 29.04.2009 to 13.02.2019. The delay is condoned in aforesaid terms. Civil application is allowed and disposed of.

FA1071-13 X-OBJECTION ST. NO. 3574/2019.

Heard. ADMIT.

Learned Assistant Government Pleader Ms A.R. Kulkarni waives notice of hearing on behalf of appellant. In view of orders passed on C.A.O. No.1126 of 2019, the claimants would not be entitled to interest on the amount of compensation if enhanced from 29.04.2009 till 13.02.2019.

JUDGE APTE