Deorao S/O Ganpatrao Gawande (Dead) Through Lrs. Mohan Deorao Gawande And Others v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

caf.3617.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.3617 OF 2017 IN FIRST APPEAL ST. NO.23027 OF 2016 (Deorao s/o Sanpatrao Gawande [dead] through L.Rs. & others vs.

The State of Maharashtra & another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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. Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.1 & 2.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 27 th SEPTEMBER, 2017.

Ms. H.N. Jaipurkar, learned A.G.P. waives service of notice for respondent no.3. Hence, ofÏce objection does not survive.

This is an application for condonation of delay of 8863 days in preferring the first appeal. Considering the length of the delay of about 8863 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 - [2013 DGLS (SC) 1065] and as the appellants are ready to give up their right of interest on the enhanced amount of compensation from the date

caf.3617.17 2 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 date. Civil application stands disposed of.

First Appeal St. No. 23027/2016 :

List the appeal for final hearing at the stage of admission after four weeks.

JUDGE *sdw