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Bombay High CourtCAF/3572/2017others disposed off

Premkumar S/O Badridas Taori v. The State Of Maharashtra, Through Collector, Amravati Others

2018-02-13Hon'Ble Shri Justice Manish Pitale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3572 OF 2017 IN FIRST APPEAL ST. NO.24214 OF 2016 (Premkumar s/o Badridas Taori vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S. Raisuddin, Advocate for applicant/appellant. Mrs. G. Tiwari, Assistant Government Pleader for respondent nos.1 and 3.

Shri M.A. Kadu, Advocate for respondent no.2. -------- CORAM : MANISH PITALE, J.

DATED : FEBRUARY 13, 2018 This is an application for condonation of delay of 945 days in filing the appeal on behalf of applicant/appellant, who is claiming further enhancement of compensation over and above the amount of compensation granted by the Reference Court.

Applying the principle laid down by the Hon'ble Apex Court in Imrat Lal and others vs. Land Acquisition Collector and others {(2014) 14 SCC 133}, this application is allowed subject to condition that applicant/appellant shall not be allowed interest for the period of delay of 945 days if the appeal is allowed and compensation is further enhanced. The application is disposed of.

FIRST APPEAL ST. NO.24214 OF 2016 Heard learned Counsel for the parties.

1302caf3572.17 2/2 Admit.

Mrs. Tiwari, learned Assistant Government Pleader waives notice on behalf of respondent nos.1 and

3. Shri Kadu, learned Counsel wavies notice on behalf of respondent no.2.

Call for R & P.

Learned Counsel for appellant shall file private paper book within a period of six months. JUDGE khj