Bombay High Court
Shriram S/O Namdeo Kupadkar vs The State Of Maharashtra Through ... on 5 October, 2023
Bench: G. A. Sanap
2023:BHC-NAG:14639
1 38 caf1438.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 1438 OF 2023
IN
FIRST APPEAL ST. NO. 558 OF 2022
SHRIRAM S/o NAMDEO KURADKAR
VERSUS
STATE OF MAH., THRU. COLLECTOR, AMRAVATI AND OTHERS
-------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
-------------------------------------------------------------------------------------------------------
Ms. Shreya Bhagat, Advocate h/f Mr. P.R.Agrawal, Advocate for the
appellant.
Ms. T. H. Udeshi, A.G.P. for respondent nos.1 and 2
Mr. M. A. Kadu, Advocate for respondent no.3
CORAM : G. A. SANAP, J.
DATE : OCTOBER 05, 2023.
1. Heard learned advocates for the parties.
2. This is an application for condonation of 1337 days
delay caused in filing appeal against impugned judgment
and award, dated 18.04.2016 passed by the Reference
Court. The reasons have been stated in the application.
3. Learned AGP for respondents, 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 owners/claimants/
appellants herein shall not be entitled to get any statutory
benefits, including the interest payable under the Land
Acquisition Act, 1894 on the enhanced amount of
compensation for the delayed period.
4. Learned advocate for the applicant/appellant submits
2 38 caf1438.23.odt
that the Court may pass an appropriate order.
5. In view of the above, the application is allowed.
Delay of 1337 days caused in filing appeal stands condoned.
6. It is made clear that the original land owners/
claimants/appellants 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 1337 days, in case
the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
First Appeal St. No. 20072 of 2022
1. Heard Ms. Shreya Bhagat, learned advocate holding
for Mr. P.R.Agrawal, learned advocate for the appellant.
2. ADMIT.
3. Learned Assistant Government Pleader waives service
of notice on behalf of respondent nos.1 and 2.
4. Mr. M. A. Kadu, learned advocate waives service of
notice on behalf of respondent no.3. He submits that this is
a covered matter.
5. Learned advocate for the appellant undertakes to
provide a list of the matters pertaining to village Ghuikhed,
Tah. Chandur Railway, Dist. Amravati.
6. List be provided on or before 09.10.2023. Stand over
to 09.10.2023.
JUDGE
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 07/10/2023 13:26:30
