Bombay High CourtCAF/2421/2014admittedallwdgrantedrule absolute

Smt. Parvati Daulat Bisandre And 3 Others v. The State Of Maharashtra, Through The Collector, Amravati And 2 Others

2015-03-23Hon'Ble Shri Justice A.S. Chandurkar1 pages

1 CAF2421.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.2421 OF 2014 IN FIRST APPEAL ST. NO.14896 OF 2014 [Smt. Parvati Daulat Bisandre and others .vs. The State of Maharashtra 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 D.P. Dapurkar, Advocate for Applicants-Appellants, Shri H.D. Dubey, AGP for respondent nos.1 and 2. ..........

CORAM : A. S. CHANDURKAR, J.

DATED : MARCH 23, 2015.

Prayer is to condone delay of 399 days in filing the first appeal. It is stated that only after receiving the amount of compensation, as awarded by the reference court, the applicants took necessary steps and purchased the court fees for preferring the present appeal. It is further stated that, by virtue of said acquisition, the applicants have become landless and hence, delay was caused in preferring the appeal. It is stated that court fees of Rs.24,430/- have been paid.

The application is opposed by the learned Assistant Government Pleader appearing for respondent nos.1 and 2. It is stated that the reasons, as assigned, are not sufficient. Considering the reasons, as stated in the application and the fact that the applicants are seeking enhancement of compensation, the delay in preferring the first appeal stands condoned. It is made clear that the claimants would not be entitled for any amount of interest on the enhanced amount of compensation for the period from 26.3.2013 till today. Civil Application is allowed and disposed of. JUDGE Gulande