Suryabhan S/O Ananda Tayde vs State Of Maharashtra Through The ...
2023 Latest Caselaw 8509 Bom

2023:BHC-NAG:12492
                                                         -1-                         40.CAF.109.2023.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH AT NAGPUR

                          CIVIL APPLICATION (CAF) NO. 109 OF 2023
                                            IN
                            FIRST APPEAL STAMP NO. 331 OF 2022
                                       Suryabhan S/o. Ananda Tayde
                                                    Vs.
                             State of Maharashtra, through Collector, Buldana
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        Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
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                               Mr. S.P. Pawar, Advocate for the Applicant/Appellant.
                               Ms. T.H. Udeshi, AGP for the Respondent.


                                          CORAM : G. A. SANAP, J.

DATED : 21st AUGUST, 2023.

Heard learned advocate for the applicant/appellant and learned AGP for the respondent. Perused the record and proceedings.

2. This is an application for condonation of 5424 days delay caused in filing the appeal against the judgment and award dated 8th February, 2005.

3. Learned AGP, relying upon a decision in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir and another [2022 SCC OnLine SC 1599] , submits that delay may be condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

                                                               -2-                        40.CAF.109.2023.odt


                                      4.         Learned    advocate     for   the    applicant/appellant

submits that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 5424 days caused in filing the appeal against the judgment and award dated 8th February, 2005, is condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period.

6. Appeal be registered.

7. The application is disposed of.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 22/08/2023 19:10:23