Vidharbha Irrigation Development Corporation Nagpur Thr. Its Exe. Eng. Wardha v. Ramchandra S/O Zapaji Kolhe And ORS

fa433.14.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.433 OF 2014 (VIDC thr. Executive Engineer, Lower Wardha Division, Wardha Vs. Rameshchandra Zapaji Kolhe and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.G. Wankhede, Advocate for Appellant.

Shri Tushar Darda, Advocate for Respondent Nos.1 & 2. Ms. Shamsi Haider, AGP for Respondent Nos.3 & 4. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 1 st AUGUST, 2017.

Civil Application (O) No.939/2017:

This is an application filed by the claimant seeking condonation of delay in filing the cross-objection. Learned counsel for respondent-claimant fairly concedes that having regard to the length of the delay of 707 days. The appellant-respondent 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 the Apex Court in the case of Imrat Lal vs. Land Acquisition Officer reported in 2013 DGLS (SC) 1065, the application for condonation of delay is allowed subject to condition of respondent being not entitled to claim interest for the delayed period on the enhanced amount of compensation. The application is accordingly allowed and disposed of.

fa433.14.O.odt 2 Cross-Objection Stamp No.21020/2016:

Heard.

Admit.

To be decided along with the appeal.

JUDGE NSN