Ramadas Dynaba Atole vs Executive Engineer, Minor ...
2023 Latest Caselaw 10334 Bom

2023:BHC-NAG:14629


                                                             1                        27.caf.534.2022

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

                          CIVIL APPLICATION (CAF) NO. 534 OF 2022
                                               IN
                            FIRST APPEAL (ST) NO. 13041 OF 2020
                                      Ramdas Dynaba Atole
                                               VS.
                              Executive Engineer, Washim and others
         _______________________________________________________________
        Office Notes, Office Memoranda of Coram,
        appearances, Court's orders of directions Court's or Judge's orders.
        and Registrar's Orders.
                     Mr Rohit Masurkar, Adv. h/f. Mr S. S. Gaikwad, Advocate for the appellant
                     Ms Malika Babhulkar, Adv. h/f. Mr M. A. Kadu, Advocate for respondent No. 1
                     Ms Trupti Udeshi, AGP for respondent No. 2

                                     CORAM : G.A. SANAP, J.

DATE : OCTOBER 6, 2023.

Heard learned advocates for the parties.

2. This is an application for condonation of 1103 days delay caused in filing appeal against impugned judgment and award, dated 08.12.2016 passed by the learned Civil Judge Senior Division, Washim in Land Acquisition Case No. 249 of 2012. The reasons have been stated in the application.

3. Learned AGP for the State, 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 2 27.caf.534.2022

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.

5. In view of the above, the application is allowed. Delay of 1103 days caused in filing appeal stands 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 1103 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL (ST.) NO. 13041 OF 2020

9. Heard.

10. ADMIT.

11. Learned holding Advocate Ms Malika Babhulkar waives service of notice on behalf of respondent No. 1.

12. Learned AGP waives service of notice on behalf of respondent No. 2.

3 27.caf.534.2022

13. Call for record and proceedings.

14. Paper book be filed within 12 weeks from the date of receipt of record and proceedings. If the paper book is not filed within twelve weeks the appeal shall stands dismissed without further reference to the Court.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 07/10/2023 11:31:20