Bombay High Court
Shankarrao S/O Sheshrao ... vs The State Of Maharashtra, ... on 5 October, 2023
Bench: G. A. Sanap
1 37 caf1428.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 1428 OF 2023
IN
FIRST APPEAL ST. NO. 20072 OF 2022
SHANKARRAO SHESHRAO MAHALLEY (BARATKAR AND OTHERS
VERSUS
STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS
-------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
-------------------------------------------------------------------------------------------------------
Mr. S. V. Ingole, Advocate for the appellants.
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 5581 days
delay caused in filing appeal against impugned judgment
and award, dated 08.06.2005 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
that the Court may pass an appropriate order.
2 37 caf1428.23.odt
5. In view of the above, the application is allowed.
Delay of 5581 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 5581 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 Mr. S. V. Ingole, learned advocate for the
appellants.
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
5. Call for the record and proceedings.
6. Private paper book be filed within twelve weeks from
receipt of the record.
JUDGE
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 07/10/2023 13:29:09
