Shripat Baldeo Jemati vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10215 Bom

                                                -1-                         26.CAF.1458.2022.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR
                 CIVIL APPLICATION (CAF) NO. 1458 OF 2022
                                   IN
                    FIRST APPEAL ST. NO. 17353 OF 2021
                                 Shripat Baldeo Jemati
                                           Vs.
               The State of Maharashtra through Collector, Nagpur & Anr.
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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. C.R. Najbile, Advocate for the Applicant/Appellant.
                       Ms. T.H. Udeshi, AGP for Respondent Nos.1 & 2.

                                  CORAM : G. A. SANAP, J.

DATED : 4th OCTOBER, 2023.

Heard learned advocates for the parties.

2. This is an application for condonation of 5135 days delay caused in filing appeal against the impugned judgment and award dated 24.11.2005, passed by the Reference Court. The reasons have been stated in the application.

3. Learned AGP for respondent Nos.1 and 2, 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 get any benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

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                                      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 5135 days caused in filing the appeal is condoned.

6. It is made clear that the original land owner/claimant/appellant herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period of 5135 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 17353 OF 2021

9. Heard.

10. Admit.

11. Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

12. Call for record and proceedings.

13. Paper-book be filed within twelve weeks from the date of receipt of record and proceedings.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/10/2023 19:09:05