Pandurang S/O Shamrao Dhole (Dead) Thr. Lrs. Rajendra Pandurang Dhole And Another v. The State Of Maharashtra, Thr. Collector, Yavatmal And Another

caf2911.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2911 OF 2017 IN FIRST APPEAL STAMP NO.22072 OF 2016 (Pandurang s/o Shamrao Dhole (dead) thr. his LR's Rajendra Pandurang Dhole and another Vs. The State of Maharashtra 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 R.J. Shinde, Advocate for Appellant.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 20 th JULY, 2017.

This is an application for condonation of delay of 8883 days in preferring the first appeal.

Considering the length of the delay of about 8883 days in filing the appeal, normally such delay would not have been condoned. However, considering the law laid down by the Apex Court in the case of Imrat Lal vs. Land Acquisition Officer reported in 2013 DGLS (SC) 1065, as the appellant is ready to give up his right of interest on the enhanced amount of compensation from the date of the award of the Reference Court till today, the application for condonation of delay is allowed, subject to condition that appellant is not entitled to get the interest from the date of award of the Reference Court till today.

The application is disposed of.

caf2911.17.O.odt 2 First Appeal Stamp No.22072/2016:

As the issue involved in this case is already covered and decided, the appeal is fixed for final hearing at the stage of admission on 26.07.2017.

JUDGE NSN