Shantilal Bansilal Burandiya v. The State Of Maharashtra Through Collector, Yavatmal And Others

1704caf1165.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1165 OF 2014 IN FIRST APPEAL ST, NO. 20875 OF 2012 Shantilal Bansilal Bhalerao Vs. State of Maharashtra thr Collector Yavatmal & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S.S. Bhalerao Adv for applicant.

Smt M. N. Hiwase AGP for respondent nos. 1 & 2. CORAM: A. S. CHANDURKAR J.

DATED: 17 APRIL, 2015.

Prayer is to condone the delay in filing first appeal. It is stated that though the reference proceedings were decided on 11.09.2009 the amount of enhanced compensation was received by the present applicant in August 2012. Learned Assistant Government Pleader appearing for respondent nos. 1 and 2 opposes the prayer for condonation of delay.

Considering the fact that amount of enhanced compensation was received belatedly there is sufficient cause for condoning the delay. Hence delay in filing first appeal stands condoned. However, the applicant will not be entitled to claim interest on the enhanced amount for the period from 11.09.2009 till today. Civil application is allowed and disposed of.

1704caf1165.14 First Appeal St. No. 20875 of 2012: Heard. Admit. Call for record and proceedings. Learned AGP waives notice on behalf of respondent nos. 1 and 2. In view of order passed on Civil Application No. 1165 of2014 the appellant will not be entitled to interest on the enhanced amount for the period from 11.09.2009 till today. JUDGE svk