Vithoba Namdeo Dudhe And Another vs The State Of Maharashtra Thorugh ...
2023 Latest Caselaw 10294 Bom

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

                     CIVIL APPLICATION (CAF) NO. 2611 OF 2022
                                        IN
                         FIRST APPEAL ST. NO. 4708 OF 2021
                        VITHOBA NAMEO DUDHE AND ANOTHER
                                        VERSUS
                STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS
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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. V. N. Patre, Advocate for the appellants.
                          Mr. M. A. Kadu, A.G.P. for respondent nos.1 to 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 254 days delay caused in filing appeal against impugned judgment and award, dated 29.03.2019 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.

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5. In view of the above, the application is allowed. Delay of 254 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 254 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

First Appeal St. No. 4708 of 2021

1. Heard learned advocate for the appellant.

2. ADMIT.

3. Learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 to 3.

4. Call for the record and proceedings.

5. 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 13:57:39