Shamrao S/O Zingraji Dhole (Dead) Thr. Lrs. Ramchandra Shamrao Dhole And Others v. The State Of Maharashtra And Another

caf105.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.105/2018 IN FIRST APPEAL ST.NO.22080/2016 Shamrao s/o Zongraji Dhole (Dead) thr. LRs Ramchandra Shamrao Dhole and ors. ..vs.. State of Maharashtra and Ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. J. Shinde, Advocate for applicant.

Mr. I. Damle, Advocate for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 7, 2018 Heard Mr. Shinde, learned counsel for the applicants and Mr. Damle, learned counsel for non applicants.

This is an application for condonation of delay in lodging the appeal filed by the original claimants, seeking further enhancement of compensation. The delay is enormous. Mr. Shinde invited my attention to the order passed by this Court (Coram: Dr. (Smt.) Shalini Phansalkar-Joshi, J.) on 11.07.2017 by which this Court, in connected matter, has condoned the delay of 8886 days.

Learned counsel for the applicants submits that in view of the decision of the Hon'ble Apex Court in the case of Imrat Lal Vs. Special Land Acquisition Officer reported in 2013 DGLS (SC) 1065, the applicant will not be claiming interest on the enhanced amount of

caf105.18.odt compensation from the decision of the reference Court till the date.

In view of the said, the application is allowed and disposed of subject to the condition that the applicant will not be entitled to claim interest on the enhanced amount of compensation from the date of the decision of the reference Court till the date. First Appeal Stamp No. 22080/2016 Heard.

ADMIT.

Call for the record and proceedings.

JUDGE kahale