Nandkumars/O Deobarao Naik v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others
caf 3348-3349.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3348 OF 2018 with CIVIL APPLICATION (CAF) NO. 3349 OF 2018 in FIRST APPEAL (ST.) NO. 20403 OF 2017 [Nandkumar s/o Deobarao Naik Vs. The State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri D. M. Surjuse h/f. Shri S.U. Nemade, Advocate for the appellant Shri M. A. Kadu, Advocate for respondent no. 2. Ms. Shamsi Haider, AGP for respondent nos. 1 and 3. CORAM : M. G. GIRATKAR, J.
DATE : 24/06/2019 Heard learned Advocate Shri Surjuse holding for learned Advocate Shri S.U. Nemade for the appellant. He has submitted that appellant is not in position to pay the deficit court fee.
The delay is of 1692 days and the same is caused due to financial condition of the appellant.
The land of the appellant is acquired by the respondents for the purpose of Irrigation Project, Pusad. Reference Court has granted compensation to the appellant/claimant only Rs.40,000/- per hectare. The amount granted is very less as compared to market value. It is held that he is entitled for more amount of compensation than granted by the Reference Court.
caf 3348-3349.2018.odt Looking to the grounds mentioned in the applications, both applications are allowed. The delay is condoned, subject to waiving of interest for delayed period of 1692 days. The appellant is directed to pay deficit court within a period of 4 weeks. Appeal be registered.
FIRST APPEAL (FA) NO. OF 2019 Heard.
Admit.
Issue notice to the respondents.
Ms. Haider, learned AGP waives notice on behalf of respondent nos. 1 and 3.
Shri Kadu, learned Advocate waives notice on behalf of respondent no. 2.
Call R & P.
Put up this matter on 22.07.2019.
JUDGE SMGate