Umraobi Sk. Wahab, Sence Deceased ... vs State Of Maharashtra Through ...
2023 Latest Caselaw 10462 Bom

                                             1                                  caf1469.2023..odt

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

                       CIVIL APPLICATION (CAF) NO. 1469 OF 2023
  (Umraobi Sk. Wahab....Versus..... The State of Maharashtra, through Collector, Amravati and others)
                                              and
                                FIRST APPEAL NO. 901 OF 2023
(Shriram s/o. Namdeo Kuradkar....Versus..... The State of Maharashtra, through Collector, Amravati 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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                          Ms. A.R. Sharma, Advocate for appellant.
                          Ms. P.J. Joshi, AGP for respondent Nos. 1 and 2/State.
                          Mr. M.A. Kadu, Advocate for respondent No. 3.

                                            CORAM : G. A. SANAP, J.

DATED : OCTOBER 10, 2023

CIVIL APPLICATION (CAF) NO. 1469 OF 2023

1. Heard learned advocate for the appellant, learned AGP for the respondent Nos. 1 and 2/State and learned advocate for respondent No.3.

2. This is an application for condonation of 1007 days delay caused in filing the appeal against the judgment and award dated 14th March, 2017.

3. Learned AGP for respondent Nos. 1 and 2 and the learned advocate for respondent No. 3, 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/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of 2 caf1469.2023..odt

compensation for the delayed period.

4. Learned advocate for the applicant/appellant submit that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 1007 days caused in filing the appeal against the judgment and award dated 14th March, 2017 is condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period.

6. Appeal be registered, after removing the office objections, if any.

7. The application is disposed of. FIRST APPEAL STAMP NO. 370 OF 2022

1. Heard. Admit.

2. Issue notice to the respondents, returnable within twelve weeks.

3. Learned AGP waives service of notice for respondent Nos. 1 and 2/State. Learned advocate Mr. M.A. Kadu waives service for respondent No.3.

4. Call record and proceeding.

5. Private paper book be filed within twelve weeks from the date of receipt of record.

6. List alongwith CAF No. 1468/2023 and First Appeal 901/2023.

FIRST APPEAL NO. 901 OF 2023 List alongwith Civil Application Nos. 1468/2023 and 3 caf1469.2023..odt

1469/2023.

JUDGE Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 11/10/2023 11:17:22