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

caf.3521.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.3521 OF 2017 (Dattatraya Narayan Barde vs.

The State of Maharashtra, through its Collector, Yavatmal 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 the Applicant-Appellant. Mrs. H.N. Prabhu, A.G.P. for Respondent Nos.1 & 2.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 24 th AUGUST, 2017.

This is an application for condonation of delay of 9048 days in preferring the first appeal.

Considering the length of the delay of about 9048 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 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.22249/2016 :

List the appeal for final hearing at the stage of admission on 7th September, 2017.

JUDGE *sdw