← Library
Bombay High CourtCAF/740/2020delay condonatedrejected

Shamrao Bhima Chaudhari And Another v. State Of Maharashtra Through Special Land Acquisition Officer, Minor Irrigation, Chandrapur And ANR

2020-12-02Hon'Ble Shri Justice S.M. Modak2 pages

915 caf740.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 740 OF 2020 IN FIRST APPEAL STAMP NO. 23981 OF 2019 Shamrao Bhima Chaudhari and another.

V/s The State of Maharashtra, through SLAO, Minor Irrigation, Chandrapur, Tah. & Dist. Chandrapur and another.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.J. Mehta, adv. h/f Shri Aditya Satpute advocate for applicants/appellants Shri M.A. Kadu, AGP for respondent No.1.

Shri Jagtap, advocate for respondent No.2.

CORAM : S.M. MODAK, J.

DATE : 02.12.2020.

The original claimants are not satisfied with the enhancement granted by the Reference Court. It was decided on 18.03.2019.

The applicants/appellants received certified copy on 22.04.2019 (wrongly typed the year as 2017). After taking legal advise, the applicants / appellants have decided to prefer an appeal. Therefore, the delay has occurred to file an appeal.

Learned Advocate Shri Jagtap, waives notice for respondent No.2.

The applicants/appellants are ready to waive the

915 caf740.20 2/2 interest for the period condoned as observed by the Hon' ble Supreme Court in case of Imrat Lal and others V/s Land Acquisition Collector and others reported in 2014 (9) SCALE 446.. Hence, the order:-

ORDER

The delay caused in preferring the appeal is condoned, subject to waiver of the interest for the period condoned.

Civil application is disposed of.

First Appeal Stamp No. 23981/2019 Issue notice to the respondents.

2.

Learned AGP Shri M.A. Kadu, waives notice for respondent Nos. 1 and 2.

3.

Admit.

4.

Call for record and proceedings.

JUDGE rkn