Jairam S/O Narayan Wankhade v. The State Of Maharashtra, Thr. Collector, Yavatmal And Another

1 caf3075.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.3075/2017 IN FIRST APPEAL ST. NO.21089/2016 [Jairam s/o Narayan Wankhade .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.J. Shinde, Advocate for Applicant-Appellant, Mrs. H.N. Prabhu, AGP for Respondent Nos.1 and 2. ..........

CORAM : KUM. INDIRA JAIN, J.

DATED : AUGUST 09, 2017.

This is an application for condonation of delay of 9018 days in preferring the first appeal.

Considering the length of the delay of about 9018 days in filing the appeal, normally such delay would not have been condoned. However, in view of the law laid down by the Hon'ble Apex Court in Imrat Lal .vs. Land Acquisition Officer, reported in 2013 DGLS (SC) 1065 and as the appellant is ready to give up his right of interest on the enhanced amount of compensation from the date of award till the date, application for condonation of delay is allowed, subject to condition that appellant is not entitled to get the interest from the date of award passed by the Reference Court till date.

Civil Application stands disposed of.

FIRST APPEAL ST. NO.21089/2016 List the appeal for final hearing at the stage of admission on 23.8.2017.

JUDGE Gulande