Pralhad S/O Dhondba Tayade (Dead) Thr. Lrs Vijay Pralhad Tayade And Another v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

caf.3429.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.3429 OF 2017 IN FIRST APPEAL STAMP NO.22190 OF 2016 (Pralhad s/o Dhondba Tayade [dead], through L.Rs. vs.

The State of Maharashtra and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.J. Shinde, Advocate for Applicants-Appellants. Mrs. H.N. Prabhu, A.G.P. for the Respondents.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 18 th AUGUST, 2017.

This is an application for condonation of delay of 9395 days in preferring the first appeal.

Considering the length of the delay of about 9395 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 OfÏcer, reported in 2013 DGL5 (SC) 1065 and as the appellants are ready to given up their rights 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 appellants are not entitled to get the interest from the date of award passed by the Reference Court till dated.

Civil application stands disposed of.

First Appeal St. No.22190/2016 :

List the appeal for final hearing at the stage of admission on 23/08/2017.

JUDGE *sdw