Shri Purushottam S/O Bhagwantrao ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10290 Bom

2023:BHC-NAG:14644


                                                     1                                    32 caf119.23.odt


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

                               CIVIL APPLICATION (CAF) NO. 119 OF 2023
                                                 IN
                                  FIRST APPEAL ST. NO. 11275 OF 2020
              PURUSHOTTAM S/o BHAGWANTRAO SHENDE THRU. HIS POA ASHWIN SHENDE
                                            VERSUS
                     STATE OF MAH., THRU. COLLECTOR, WARDHA AND OTHERS
         -------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                         Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
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                                   Mr. S. W. Sambre, Advocate for the appellant.
                                   Mr. M. A. Kadu, A.G.P. for respondent nos.1 and 2
                                   Ms. Anjali Agrawal, Advocate h/f Ms. A. S. Athalye, 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 647 days delay caused in filing appeal against impugned judgment and award, dated 09.03.2018 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 32 caf119.23.odt

that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 647 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 647 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

First Appeal St. No. 11275 of 2020

1. Heard Mr. S. W. Sambre, 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. Ms. Anjali Agrawal, learned advocate holding for Ms. A.S. Athalye, 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 week from receipt of the record. If the paper book is not filed within the prescribed period, then the appeal shall stand dismissed without reference to the Court.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 07/10/2023 13:44:01