Dilip Suryabhan Dhavane v. The Executive Engineer, Minor Irrigation Department No.2, Solapur And ORS.

1 53-(2)-IA-17657-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17657 OF 2023 IN FIRST APPEAL (ST) NO. 31339 OF 2023 TALLE SHUBHAM ASHOKRAO Dilip Suryabhan Dhavane ... Applicants/Appellants TALLE SHUBHAM ASHOKRAO Date: 2024.03.05 14:55:18 +0530 Vs.

The Executive Engineer, Minor Irrigation ... Respondents Department No.2, Solapur And Ors.

---------------- Adv. Sujeet Bugade, for the Appellants/Applicants. Adv. Aparna D. Vhatkar, for the Respondent No. 2 in FAST/31339/2023. Mr. A. R. Patil, AGP for the Respondent/State. ----------------- CORAM : KISHORE C. SANT, J.

DATE : 1st March, 2024 P.C.:- 1.

Heard. This Application is filed seeking condonation of delay of 1 years 97 days caused in filing the First Appeal. 2.

The Appeal is filed challenging the Judgment and award passed by the ld. Civil Judge Senior Division Solapur in Land Acquisition Reference No. 95 of 2009 in file No. LAQ Sr. No. 11 of 2002, under Section 18 of the Land Acquisition Act, 1894. Considering that the Applicants have lost there valuable property and the Appeal is filed for seeking enhancement of the amount of compensation. The Learned Advocate for the Applicants fairly submits that the Applicants claim interest for the delay Shubham Talle 1/2

2 53-(2)-IA-17657-2023.doc period, if in case the Appeal is allowed.

3.

The Learned Advocate for the Respondent No. 2, however since the Applicants are ready to waive the notice for the delay period. Delay stands condoned.

4.

The Application is allowed and disposed of. It is made clear that the Applicants shall not be entitled to receive interest for the delay period in case the compensation is enhanced.

(KISHORE C. SANT, J.) Shubham Talle 2/2