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Bombay High CourtCAF/744/2020delay condonatedrejected

Narsingh Durgayya Yerni Alias Yerniwar v. State Of Maharashtra Thr. Special Land Acquisition Officer, Minor Irrigation, Chandrapur And Anothe

2020-12-02Hon'Ble Shri Justice S.M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 744 OF 2020 IN FIRST APPEAL STAMP NO. 25031 OF 2019 Narsingh Durgayya Yerni 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 applicant/appellant 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 claimant is not satisfied with the enhancement granted by the Reference Court. It was decided on 18.03.2019.

The applicant/appellant received certified copy on 22.04.2019 (wrongly typed the year as 2017). After taking legal advise, the applicant / appellant has 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 applicant/appellant is ready to waive the

2/3 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. 25031/2019 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

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