Kishor S/O Gajananrao Kale v. Vidarbha Irrigation Development Corporation Thr. Executive Engineer, L.W.P. Division, Wardha And 2

2607 FA 169-2014 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O. No. 894/2017 IN CROSS OBJECTION ST. No. 10818/2017 IN FIRST APPEAL No. 169/2014 (V.I.D.C. THROUGH EXE. ENGINEER, LOWER WARDHA PROJECT DIVISION, WARDHA -VsKISHOR GAJANANRAO KALE AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V.G. Wankhede, counsel for appellant.

Mrs. Varsha Wasu, counsel for respondent no.1. Shri A.R. Chutake, AGP for respondent nos.2 and 3. CORAM: DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : JULY 26, 2017.

This is an application preferred by the original claimant, who is respondent no.1 in this case, for condonation of delay of 1134 days in filing the cross objection.

Learned counsel for respondent no.1 - claimant fairly concedes that having regard to the length of the delay, claimant-respondent no.1 will not claim the interest for the delayed period on the enhanced amount of compensation.

In view thereof, in the light of the judgment of Hon'ble Apex Court in the case of Imratlal -Vs- Land Acquisition Officer, 2013 DGLS (SC) 1065, the delay is condoned, subject to condition of respondents-claimants being not entitled to claim the interest for the delay period of 1134 days on the enhanced amount of compensation.

Application is allowed and disposed of.

2607 FA 169-2014 2/2 CROSS OBJECTION ST. No. 10818/2017.

Cross objections are taken on record.

Heard.

ADMIT.

To be decided along with the appeal.

JUDGE Yenurkar