ash 1 caf-3102.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3102 OF 2009 IN FIRST APPEAL ST.NO. 17423 OF 2009 Jivhala Grih Nirman Sanstha Maryadit .. Applicant Vs State of Maharashtra & Ors .. Respondents ­­ Shri A.S. Khandeparkar i/by Shri D.H. Pawar for the Applicant. Shri A.R. Patil, AGP for Respondent Nos.1 and 2. ­­ CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Applicant and the learned AGP for Respondent Nos.1 and 2. The 3rd and 4th Respondents are served with the notices. 2. There is a long delay in preferring the appeal against the award made under Section 18 of the Land Acquisition Act, 1894. The learned counsel appearing for the Applicant states that the Appeal preferred by Respondent Nos.3 and 4 has been admitted. The Applicant has filed an undertaking dated 30th March, 2011. Undertaking marked “X” for identification is taken on record. Paragraph 3 of the undertaking reads thus:­ ash 2 caf-3102.09 “3. I say that I will not claim interest u/s.28 of the Act upon compensation amount from 21.07.1991 i.e. From the date of the Collector’s award dated 20.07.1991.” 3. Even if delay is condoned and ultimately the Appeal is allowed, the 1st and the 2nd Respondents will not suffer any prejudice as the Appellant will not be entitled to interest under Section 28 of the Land Acquisition Act, 1894 from the date on which the impugned judgment and award is passed. 4. Hence, I pass following order. ORDER (a) Undertaking dated 30th March, 2011 is accepted. (b) The Registry will make a note of Clause 3 of the said Undertaking on Farad Sheet of the First Appeal. (c) Delay is condoned. Application is allowed. ( A.S. OKA, J )